Law Commons^™

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.

Preface, Courtney Brown, Anna Nicolopulos

Golden Gate University Law Review

No abstract provided.

Masthead

Golden Gate University Law Review

No abstract provided.