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Full-Text Articles in Law
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.
Current Issues In Civil Rights Law, Elaine R. Jones
Current Issues In Civil Rights Law, Elaine R. Jones
Golden Gate University Law Review
This speech is a discussion of the NAACP Legal Defense Fund (LDF).
Criminal Procedure - The Robert Alton Harris Decision: Federalism, Comity, And Judicial Civil Disobedience, Deirdre J. Cox
Criminal Procedure - The Robert Alton Harris Decision: Federalism, Comity, And Judicial Civil Disobedience, Deirdre J. Cox
Golden Gate University Law Review
This article touches on only three of the many issues raised by the Harris case. First, it explores the appropriateness of Harris' section 1983 class action filed on behalf of all California death row inmates. Specifically, Harris argued that death by lethal gas constitutes cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution. The Supreme Court characterized the section 1983 action as an attempt to avoid the application of McCleskey v. Zant, which bars successive claims for relief. By way of an extensive historical analysis of each, this article examines the respective roles of …
Survey: Women And California Law, Linda C. Kramer, T. A. Graudin, Donna Cobe Beekman, Kathy A. Alfieri
Survey: Women And California Law, Linda C. Kramer, T. A. Graudin, Donna Cobe Beekman, Kathy A. Alfieri
Golden Gate University Law Review
This survey of California law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A briefanalysis of the issues pertinent to women raised in each case is provided.
On The Admissibility Of Group Rights, Luis Rodriguez-Abascal
On The Admissibility Of Group Rights, Luis Rodriguez-Abascal
Annual Survey of International & Comparative Law
In this presentation I shall explore the question of whether or not it is defensible to grant legal group rights through international instruments and national legal systems. I shall proceed in the following way. First, I shall briefly examine the conceptual consistency between group rights and the framework of rights discourse, and I shall conclude that it is conceptually possible to include group rights in ordinary rights talk. Secondly, I shall explore what the basic requirements would be for the recognition of a group right. I shall suggest that the use of rights discourse bears a number of conceptual as …