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Articles 61 - 90 of 98
Full-Text Articles in Law
Lajoie V. Thompson: Does The Ninth Circuit Grant Young Victims Less Protection Under Rape Shield Statutes?, Crystal Dykman
Lajoie V. Thompson: Does The Ninth Circuit Grant Young Victims Less Protection Under Rape Shield Statutes?, Crystal Dykman
Golden Gate University Law Review
In LaJoie v. Thompson, the Ninth Circuit held that the trial court's preclusion of evidence regarding the victim's prior sexual abuse by others as a sanction for LaJoie's failure to comply with the 15-day notice requirement in Oregon's rape shield law violated LaJoie's Sixth Amendment rights. The Ninth Circuit further held that the preclusion of this evidence regarding the prior sexual abuse of the victim warranted habeas relief. In Part II, this Note discusses LaJoie's facts and procedural history. Part III outlines the history of the Habeas Corpus statutes and discusses the Oregon and Federal rape shield statutes, with an …
Employee Benefits - Friedrich V. Intel Corp., Cynthia O'Brien
Employee Benefits - Friedrich V. Intel Corp., Cynthia O'Brien
Golden Gate University Law Review
In Friedrich v. Intel Corporation, the United States Court of Appeals for the Ninth Circuit upheld the district court's holding that Intel, by denying an employee's claim for long term disability benefits, failed to comply with the Employee Retirement Income Security Act of 1974 ("ERISA"). In applying a two-part test to determine whether Intel acted in apparent conflict with its obligations as a fiduciary to its employee, the Ninth Circuit held that the district court properly reviewed the claim for long term disability benefits de novo and did not err in finding that the employee was entitled to benefits under …
Criminal Procedure - Powers V. Plumas Unified School District, Marnee Milner
Criminal Procedure - Powers V. Plumas Unified School District, Marnee Milner
Golden Gate University Law Review
In a matter of first impression, the Ninth Circuit in Powers v. Plumas Unified School District addresses whether a dog sniff of a person constitutes a search under the Fourth Amendment. Because the United States Supreme Court has yet to address this issue, there is a split among circuit courts. The Fifth Circuit, contrary to the Seventh Circuit, holds that a dog sniff of a person constitutes a search. The Ninth Circuit agrees with the Fifth Circuit. In Powers, the Ninth Circuit found that a dog sniff of the plaintiff deprived him of his constitutional right to be free from …
Employment Discrimination - Gotthardt V. National Railroad Passenger Corp, Jennifer T. Dewitt
Employment Discrimination - Gotthardt V. National Railroad Passenger Corp, Jennifer T. Dewitt
Golden Gate University Law Review
In Gotthardt v. National Railroad Passenger Corp. the United States Court of Appeals for the Ninth Circuit held that front pay awards in Title VII cases are not subject to the compensatory damages caps stated in 42 U.S.C. § 1981a (b)(3). This was an issue of first impression in the Ninth Circuit. Other circuits had decided the issue and were split. The Ninth Circuit joined the majority of the federal circuits in holding that front pay awards are not subject to the section 1981a caps.
Intellectual Property - Brookfield Communications, Inc. V. West Coast Entertainment Corp., Patricia Elizabeth Caldwell
Intellectual Property - Brookfield Communications, Inc. V. West Coast Entertainment Corp., Patricia Elizabeth Caldwell
Golden Gate University Law Review
In Brookfield Communications, Inc. v. West Coast Entertainment Corp., the United States Court of Appeals for the Ninth Circuit discusses whether trademark or unfair competition laws prohibit the use of another's trademark in its web site's domain name and metatag. The court concluded there was a likelihood of confusion between the marks. Therefore, using the mark in the web site's domain name constitutes trademark infringement. In addition, using the mark in the site's metatag created initial interest confusion.
Exercising The Right To Self-Representation In United States V. Farhad: Issues In Waiving A Criminal Defendant's Sixth Amendment Right To Counsel, Kenneth R. Sogabe
Exercising The Right To Self-Representation In United States V. Farhad: Issues In Waiving A Criminal Defendant's Sixth Amendment Right To Counsel, Kenneth R. Sogabe
Golden Gate University Law Review
Though all U.S. courts recognize the right to self-representation as a result of the Supreme Court's decision in Faretta, constitutional and procedural issues affect its effective implementation. This note explores the Sixth Amendment's right to waive counsel and its effect on a criminal defendant's Fifth Amendment right to receive a fair trial. The Ninth Circuit's decision in Farhad is critiqued on two issues: first, the failure to address standby counsel in sharing duties of representation with the defendant; and second, the court's failure to address Farhad's lack of access to the means of developing his case. Lastly, this note proposes …
Criminal Procedure - Macfarlane V. Walter, Jennifer Benesis
Criminal Procedure - Macfarlane V. Walter, Jennifer Benesis
Golden Gate University Law Review
In Macfarlane v. Walter, the United States Court of Appeals for the Ninth Circuit held that Washington state and county early-release credit systems for prisoners violate the equal protection clause of the United States Constitution. The early-release credit systems unconstitutionally provide fewer early-release credits to pre-trial detainees who cannot afford to post bail than to similarly-situated prisoners who post bail and serve their entire sentences after trial in state prison. The court held that awarding fewer good behavior credits for time served in county jail than for time served in state prison denies equal protection of the law to pre-trial …
Section 401 Of The Clean Water Act And Its Application To Nonpoint Source Pollution In California, Scott Smithline
Section 401 Of The Clean Water Act And Its Application To Nonpoint Source Pollution In California, Scott Smithline
Golden Gate University Law Review
This note addresses the Dombeck opinion and its relation to the State of California's nonpoint source water pollution. A brief description of Section 401 provides contextual support for the court's holding in Dombeck. In addition, the full impact of the Dombeck decision on California water quality cannot be understood without a discussion of the current nonpoint source pollution issues, and pollution control mechanisms currently in place on federal lands within California. Therefore, a brief analysis of nonpoint source pollution issues and policy (generally in the context of grazing) will precede the Dombeck case analysis.
Undocumented Workers Are Entitled To Vote In Union Elections - But Are They "Employees" Under The Law?, Beth Wolf Mora
Undocumented Workers Are Entitled To Vote In Union Elections - But Are They "Employees" Under The Law?, Beth Wolf Mora
Golden Gate University Law Review
This note discusses the facts and procedural history of Kolkka. Part III provides a detailed legal and historical analysis of the applicable statutes, case law, and debates surrounding undocumented workers rights. Part IV describes the Ninth Circuit's analysis in Kolkka. Part V critiques the Ninth Circuit's holding in Kolkka asserting that undocumented workers have the right to vote in union elections. Finally, Part VI concludes that judicial decisions supporting undocumented workers rights as an "employees," outweighs the political opposition to rights for undocumented workers. Therefore, to protect undocumented workers, statutory language should expressly state that they are "employees."
United States V. Covarrubias: Does The Ninth Circuit Add To The Ambiguity Of The Inextricably Intertwined Exception?, Holly Larsen
United States V. Covarrubias: Does The Ninth Circuit Add To The Ambiguity Of The Inextricably Intertwined Exception?, Holly Larsen
Golden Gate University Law Review
This Note discusses Covarrubias' facts and procedural history. Part III outlines the history of the Sixth Amendment right to counsel, with an emphasis on the inextricably intertwined exception. Part IV analyzes the Ninth Circuit's reasoning in Covarrubias. Part V critiques this reasoning in light of the strong presumption against the finding of the application of the inextricably intertwined exception. Finally, Part VI concludes that the Ninth Circuit properly suppressed the defendant's incriminating statements obtained by I.N.S. Agent Gonzalez, but would have set forth a stronger position had the Ninth Circuit evaluated in addition, or, in the alternative, under the circumvention …
Intellectual Property Law - Newcombe V. Adolf Coors Co., Nairi Chakalian
Intellectual Property Law - Newcombe V. Adolf Coors Co., Nairi Chakalian
Golden Gate University Law Review
In Newcombe v. Adolf Coors Co., the United States Court of Appeals for the Ninth Circuit held that a Major League baseball pitcher, retired for over thirty years, had valid publicity infringement claims against defendants who created an advertisement using a drawing of his stance. According to the court, a material factual issue existed as to whether the drawing of the stance in the advertisement conjured up images of the pitcher, even though the pitcher's face could not be identified from the drawing, and his name did not appear anywhere in the advertisement. Thus, the court found a subtle image …
Intellectual Property Law - Kendall-Jackson Winery V. E. & J. Gallo Winery, Rema M. Titcomb
Intellectual Property Law - Kendall-Jackson Winery V. E. & J. Gallo Winery, Rema M. Titcomb
Golden Gate University Law Review
In Kendall-Jackson v. Gallo,l the United States Court of Appeals for the Ninth Circuit held that grape leaf designs on wine bottles are not protected as trademarks under the Lanham Trademark Act because of widespread use in the industry. Accordingly, the Ninth Circuit upheld the district court's decision to grant Gallo's summary judgment motion in favor of Gallo.
Intellectual Property Law - Dreamwerks Production Group, Inc. V. Skg Studio, Thomas J. Murphy
Intellectual Property Law - Dreamwerks Production Group, Inc. V. Skg Studio, Thomas J. Murphy
Golden Gate University Law Review
In Dreamwerks Production Group, Inc. v. SKG Studio the United States Court of Appeals for the Ninth Circuit evaluated whether the trademarks "Dreamwerks" and "Dream Works" were likely to confuse the reasonable consumer. Traditionally, a well-known, senior trademark user will sue a lesser-known, junior trademark user in order to protect its goodwill and prevent customer confusion. In Dreamwerks, however, the parties' positions were reversed, with the lesser-known, senior user, Dreamwerks Production Group, suing the better-known, yet junior user, SKG Studio. The Ninth Circuit held that, like every other new company, SKG Studio was required to select a name that would …
Intellectual Property Law - Blockbuster Videos Inc. V. City Of Tempe, Mary L. Shapiro
Intellectual Property Law - Blockbuster Videos Inc. V. City Of Tempe, Mary L. Shapiro
Golden Gate University Law Review
In a matter of first impression, the United Sates Court of Appeals for the Ninth Circuit, in Blockbuster Videos, Inc. v. City of Tempe, considered whether section 1121(b) of the Lanham Act preempts a municipality's authority to require the alteration of a federally registered trademark. Based on the plain language of the statute, the court held that a local entity may not require the alteration of a trademark to enforce a zoning ordinance, though it may prohibit the display of the trademark.
Environmental Law - Resource Investments, Inc. V. U.S. Army Corps Of Engineers, Marcelin E. Keever
Environmental Law - Resource Investments, Inc. V. U.S. Army Corps Of Engineers, Marcelin E. Keever
Golden Gate University Law Review
In Resource Investments Inc. v. United States Army Corps of Engineers, the United States Court of Appeals for the Ninth Circuit considered whether section 404 of the Clean Water Act (CWA) authorized the United States Army Corps of Engineers (Corps) to require a landowner to obtain a dredge and fill permit from the Corps before constructing a municipal solid waste landfIll on a wetlands site. The Court held that when a proposed project affecting a wetlands area is a solid waste landfill, the Environmental Protection Agency (EPA), rather than the Corps, will have permit authority under the Resource Conservation and …
Environmental Law - Northcoast Environmental Center V. Glickman, Lisa Braly
Environmental Law - Northcoast Environmental Center V. Glickman, Lisa Braly
Golden Gate University Law Review
In Northcoast Environmental Center v. Glickman, the United States Court of Appeals for the Ninth Circuit held that a less deferential standard of "reasonableness" applied to its review of legal questions that determined the applicability of the National Environmental Policy Act (NEPA,). Thus, when no facts are in dispute, an agency's decision not to prepare an Environmental Impact Statement (EIS)"will be upheld unless it is unreasonable. When facts are in dispute, however, the Supreme Court decision of Marsh v. Oregon Natural Resources Council, which applied an "arbitrary and capricious" standard of review, controls. The Ninth Circuit also decided that district …
Environmental Law - City Of Auburn V. U.S. Government, Lisa Braly
Environmental Law - City Of Auburn V. U.S. Government, Lisa Braly
Golden Gate University Law Review
In City of Auburn v. U.S. Government; the United States Court of Appeals for the Ninth Circuit held that the plain language of the Interstate Commerce Commission Termination Act (lCCTA) preempts state and local permitting laws regarding railroad operations. The court reasoned that since the ICCTA gave the Surface Transportation Board (Board), a federal agency, exclusive jurisdiction over certain railroad matters, railroad companies were required to follow only federal permitting laws, not those of a state or city. Thus, Burlington Northern Railroad is not subject to the environmental permitting laws of the city of Auburn. The court also held that …
Employment Law - Norman-Bloodsaw V. Lawrence Berkeley Laboratory, Cristina E. Echevarria
Employment Law - Norman-Bloodsaw V. Lawrence Berkeley Laboratory, Cristina E. Echevarria
Golden Gate University Law Review
In Norman-Bloodsaw v. Lawrence Berkeley Laboratory, the United States Court of Appeals for the Ninth Circuit held that employers who conduct nonconsensual medical testing may be liable for invasion of privacy under the United States and California Constitutions. In addition, the court held that Title VII of the Civil Rights Act of 1964 (Title VII) protects employees from nonconsensual medical testing that has a disparate impact on a protected group. The Ninth Circuit held, however, that the American's with Disabilities Act of 1990 (ADA), does not limit the scope of the employee testing when the tests are administered after a …
Employment Law - Johnson V. State Of Oregon, Beryl Slavov
Employment Law - Johnson V. State Of Oregon, Beryl Slavov
Golden Gate University Law Review
The Americans with Disabilities Act of 1990 (ADA) requires employers to provide reasonable accommodations to its disabled employees to enable them to perform the essential functions of their position} In Johnson v. State of Oregon, the United States Court of Appeals for the Ninth Circuit determined the circumstances in which the doctrine of judicial estoppel could bar a claim under the ADA when the litigant has sought or received disability benefits. Because this was an issue of first impression, the court relied upon Federal Guidelines and case law from other circuits to conclude that the pursuit or receipt of disability …
Employment Law - Duffield V. Robertson Stephens & Co., Kate S. Langer
Employment Law - Duffield V. Robertson Stephens & Co., Kate S. Langer
Golden Gate University Law Review
In Duffield v. Robertson Stephens & Company, the United States Court of Appeals for the Ninth Circuit held that the Civil Rights Act of 1991 prohibited an employer from requiring, as a condition of employment, that prospective or current employees agree in advance to arbitrate Title VII claims arising out of the employment relationship. Relying on the purposes and legislative history of the 1991 Act, the Ninth Circuit became the only circuit to find that the Act barred these mandatory arbitration agreements.
Criminal Procedure - Parretti V. United States, Nedia L. Desouza
Criminal Procedure - Parretti V. United States, Nedia L. Desouza
Golden Gate University Law Review
In Parretti v. United States, the United States Court of Appeals for the Ninth Circuit, sitting en banc, addressed two constitutional claims: (1) whether Giancarlo Parretti's arrest pursuant to an Extradition Treaty with France violated the Fourth Amendment; and (2) whether his detention without bail prior to the French government's request for his extradition violated the Due Process Clause of the Fifth Amendment. The en banc court refused to address these issues, however, claiming that since Parretti fled the United States while his appeal was pending, he was a fugitive from justice. The en banc court therefore dismissed his appeal …
Constitutional Law - Colacurcio V. City Of Kent, Zachary J. Dalton
Constitutional Law - Colacurcio V. City Of Kent, Zachary J. Dalton
Golden Gate University Law Review
In Colacurcio v. City of Kent, the United States Court of Appeals for the Ninth Circuit held that the City of Kent's Ordinance 3221, which required nude dancers to perform at least ten feet from patrons, did not violate the First Amendment of the United States Constitution. The court found that, as a matter of law, the Kent ordinance was content-neutral and the ten-foot distance requirement was narrowly tailored and left open ample alternative avenues for communication of protected expression.
Nowhere To Run ... Nowhere To Hide: Trademark Holders Reign Supreme In Panavision Lnt'l, L.P. V. Toeppen., Scott D. Sanford
Nowhere To Run ... Nowhere To Hide: Trademark Holders Reign Supreme In Panavision Lnt'l, L.P. V. Toeppen., Scott D. Sanford
Golden Gate University Law Review
This note discusses the procedural history of Panavision. Part III surveys the evolving application of personal jurisdiction in the various courts as applied to the Internet through minimum contacts and the Calder "effects test." Part IV outlines the Ninth Circuit's analysis of personal jurisdiction in Panavision. Part V critiques the Ninth Circuit's analysis, focusing particularly on several flaws in the court's reasoning. Part VI summarizes the effect that the decision in Panavision will have on future suits involving the Internet.
Suitum V. Tahoe Regional Planning Agency: Applying The Takings Ripeness Rule To Land Use Regulations And Transferable Development Rights, Michael B. Hitchcock
Suitum V. Tahoe Regional Planning Agency: Applying The Takings Ripeness Rule To Land Use Regulations And Transferable Development Rights, Michael B. Hitchcock
Golden Gate University Law Review
This note sets forth the facts and procedural history of Suitum. The background of ripeness in the context of government regulation of land use and constitutional takings claims is examined in Section III. The major area of inquiry is the evolution and application of the Williamson County two hurdle, "final decision" and "state procedures," ripeness test. The analysis of both the Ninth Circuit opinion and the reversing United States Supreme Court opinion are presented in Section IV. Section V evaluates the differing positions of the Ninth Circuit and the Supreme Court regarding the application of the ripeness test to TDRs. …
Just Another Kid With A Gun? United States V. Michael R.: Reviewing The Youth Handgun Safety Act Under The United States V. Lopez Commerce Clause Analysis, Steven Rosenberg
Just Another Kid With A Gun? United States V. Michael R.: Reviewing The Youth Handgun Safety Act Under The United States V. Lopez Commerce Clause Analysis, Steven Rosenberg
Golden Gate University Law Review
The Lopez decision prompted many defendants, charged under a wide variety of federal statutes, to attack those statutes as unconstitutional under the new "commercial activity" test. The United States Court of Appeals for the Ninth Circuit addressed one such challenge in United States v. Michael R. Section II of this note discusses Michael R.'s facts and procedural history. Section III outlines the history of Commerce Clause jurisprudence, with an emphasis on the recent change in the Supreme Court's review of Congress' use of the commerce power under Lopez. In addition, Section III details the legislative history of the Youth Handgun …
Eldredge V. Carpenters' 46 Northern California Counties Joint Apprenticeship Training Committee: The Ninth Circuit Finally Hammers The Carpenters' Union With An Affirmative Action Plan, Unaloto-Ki-Vahanoa Halamehi Aholelei-Aonga
Eldredge V. Carpenters' 46 Northern California Counties Joint Apprenticeship Training Committee: The Ninth Circuit Finally Hammers The Carpenters' Union With An Affirmative Action Plan, Unaloto-Ki-Vahanoa Halamehi Aholelei-Aonga
Golden Gate University Law Review
No abstract provided.
Citizens For A Better Environment V. Union Oil Company Of California: Keeping Citizen Suits Alive In The Face Of Inadequate State Government Enforcement, Frank M. Howard
Citizens For A Better Environment V. Union Oil Company Of California: Keeping Citizen Suits Alive In The Face Of Inadequate State Government Enforcement, Frank M. Howard
Golden Gate University Law Review
This note examines the Ninth Circuit's ruling on Union Oil's settlement payment and the comparability of the applicable state law to the Clean Water Act's administrative penalties provision. In so doing, this note also offers background on the Clean Water Act's citizen suit and administrative penalties provisions and discusses their applicability to the Ninth Circuit's holding.
Did United States V. Hayashi Fail To Provide A Safe Harbor For Marine Mammals Under The Marine Mammal Protection Act?, April Fisher, Amber A. Bell
Did United States V. Hayashi Fail To Provide A Safe Harbor For Marine Mammals Under The Marine Mammal Protection Act?, April Fisher, Amber A. Bell
Golden Gate University Law Review
This note focuses on one such instance where a court erred in interpreting a key term in the MMPA. In United States v. Hayashi, the Ninth Circuit, sitting en bane, found that a fisherman who shot at porpoises to deter them from his catch did not commit a "taking" under the MMPA. The court held that to constitute a criminal "taking" under the MMPA, harassment of a marine mammal must entail direct and serious disruptions of normal mammal behavior. This decision may result in further exploitation and suffering of marine mammals.
Oregon Natural Resources Council V. Thomas; Another "Meritorious" Timber Lawsuit Fails: Do Substantive Riders Warrant An Exception To The Plain Language Rule?, Julie A. Coldicott
Oregon Natural Resources Council V. Thomas; Another "Meritorious" Timber Lawsuit Fails: Do Substantive Riders Warrant An Exception To The Plain Language Rule?, Julie A. Coldicott
Golden Gate University Law Review
This note provides a brief background to the Rescissions Act, outlines the Act's provisions and examines the Ninth Circuit Court's decisions interpreting these provisions prior to Oregon Natural Resources Council v. Thomas. Section III sets forth the facts and procedural history of ONRC II, the most recent meritorious lawsuit to fall victim to the provisions of the Rescissions Act. Section IV examines the Ninth Circuit Court's analysis and holding in ONRC II. Section V argues that although the Ninth Circuit's decision in ONRC II was correct under current standards, the result was fundamentally wrong. Section V also examines the rules …