Law Commons^™

Integrating Evidence-Based Practices Into Judicial Sentencing In The Wake Of Realignment’S Split Sentencing, Camille Frausto

Golden Gate University Law Review

Part I of this comment discusses the Supreme Court cases that led to the passage of the Realignment Act, along with a review of some of the major reform changes. Part I also highlights the gaps in creating a fair and consistent process across counties for managing the effects of Realignment. Part II discusses split sentencing and some of the issues it was designed to address as well as investigating how judges have reacted to and used split sentencing. Part III introduces the RNR (Risk Needs Responsivity) model of risk assessments and argues why it should be a mandatory aspect …

The Unseen Harm: U.S.-Indian Relations & Tribal Sovereignty, George Emmons

Golden Gate University Law Review

This article explores tribal sovereignty through the lens of the Standing Rock Sioux and its opposition to the DAPL. The DAPL situation is a symptom of the larger problem of a lack of tribal consultation, which diminishes tribal sovereignty and tribal rights.

Part I discusses the history of tribal sovereignty through an explanation of the domestic dependent status of Indian tribes and the two historic canons of Indian treaty interpretation. The Court’s interpretation and application of these canons in the cases of Winters, Dion, and Bourland have a direct relation to the amount of protection given to Indian tribes.

Part …

International Mother Of Mystery: Protecting Surrogate Mothers’ Participation In International Commercial Surrogacy Contracts, Jamie Cooperman

Golden Gate University Law Review

The lack of uniform international laws regarding surrogacy exposes all parties involved in surrogacy arrangements to a variety of problems. Challenges include determining the status of children, the rights of intended parents, and the protection of surrogates. Issues regarding the citizenship of babies born to surrogacy agreements tend arise when the child leaves the birth country and enters the intended country of citizenship.

Overall, international surrogacy arrangements present three central problems: (1) the citizenship of children, (2) the rights of intended parents, and (3) the rights and protection of women who serve as surrogates. This Comment focuses on the third …

Lack Of “Purposefulness” & “Flagrancy” Or Simply Turning A Blind Eye To The Current State Of Affairs?: The Need For Statistical Data, Renei Caballes

Golden Gate University Law Review

This Comment argues that the Court misapplied the attenuation doctrine in Strieff, specifically in its application and interpretation of the language “purposeful and flagrant” and explores the possible implications of this decision. First, Section I explains the Fourth Amendment and the basic principles of law regarding searches and seizures, including the exclusionary rule and attenuation doctrine. Then, Section II examines the circuit court split prior to Utah v. Strieff and how each circuit interpreted the language “purposeful and flagrant.” Finally, Section III analyzes the issues with the Supreme Court’s interpretation of “purposeful and flagrant” in Utah v. Strieff and …

The Most Determined Lawyer You Will Ever Meet, Danny Wang

Golden Gate University Law Review

Interview of Danny Wang by George Emmons, Executive Articles Editor, Golden Gate University Law Review, in San Francisco, Cal. (Feb. 6, 2018).

California Needs An Environmental Lawyer Like Him, Darryl Gruen

Golden Gate University Law Review

Interview of Darryl Gruen by George Emmons, Executive Articles Editor, Golden Gate University Law Review, in San Francisco, Cal. (Jan. 19, 2018). This article represents the commentary of Darryl Gruen and does not necessarily represent opinions of the California Public Utilities Commission.

An Entertainment Lawyer From Coast To Coast, Tony Berman

Golden Gate University Law Review

Telephone Interview of Tony Berman by George Emmons, Executive Articles Editor, Golden Gate University Law Review, in San Francisco, Cal. (Nov. 29, 2017).

A True Pioneer Of The Legal Profession And The San Francisco Bench, Lee Baxter

Golden Gate University Law Review

Interview of The Honorable Lee Baxter by George Emmons, Executive Articles Editor, Golden Gate University Law Review, in San Francisco, Cal. (Nov. 7, 2017).

Front Matter

Golden Gate University Law Review

Front Matter includes Masthead, Faculty Advisors, Preface and Table of Contents.

Nordstrom V. Ryan: Inmate’S Legal Correspondence Between His Or Her Attorney Is Still Constitutionally Protected, Christina Ontiveros

Golden Gate University Law Review

Prison administrations have been given much deference as to the limitations of prisoners’ rights. Still, even though the courts have shown regard to the prison administration, they have also recognized that there are two important interests at play: those of the prison administration and that of the prisoners’ constitutional rights. Because there are two important interests at play when an issue arises as to a prison’s regulation and its effect on a prisoner’s constitutional right, the courts turn to the Turner standard to determine the regulation’s constitutionality. Recently, the Ninth Circuit used this standard in Nordstrom v. Ryan to determine …

State V. Trump: Trump Fails In The ‘Art Of The Deal’ Securing A Victory For Travel Ban 2.0, Elizabeth Macayan

Golden Gate University Law Review

The Ninth Circuit affirmed the District Court of Hawaii’s modification of the preliminary injunction against sections 2 and 6 of President Trump’s Executive Order 13780, in accordance with the Supreme Court’s decision in Trump v. International Refugee Assistance Project.

A Job For Congress: Medical Marijuana Patients’ Fight For Second Amendment Rights, Kenneth Seligson

Golden Gate University Law Review

This Note begins with Part I section (A), describing the administrative rule and factual background, leading up to the suit in Wilson v. Lynch. Part I section (B) explains the arguments made at the U.S. District Court in Nevada and how the case progressed from the district court to the Ninth Circuit Court of Appeals. Then, Part I section (C) analyzes the Ninth Circuit’s application of the two-step test for Second Amendment challenges established in Chovan.

After evaluating the application of the two-step test in Wilson v. Lynch, Part II section (A) reviews the history of cannabis …

The Flores Settlement: Ripping Families Apart Under The Law, Natalie Lakosil

Golden Gate University Law Review

This Note focuses on families’ experiences in immigration detention centers, specifically how they are affected by the government practice of releasing children without simultaneously releasing their parents.

Section I provides the procedural and factual background of Flores v. Lynch, the recent history of family detention centers, and discusses the Ninth Circuit’s ruling of the case. Section II provides the argument that, although the Ninth Circuit’s holding is correct, the government refusing to release parents with their children is unconstitutional because it violates the parents’ fundamental right to custody over their biological child and family unity. Furthermore, this Note urges …

Reyes V. Lewis: A Missed Opportunity For Minors And Miranda, Jessica Bennett

Golden Gate University Law Review

The controversial debate—whether minors understand the complexity of Miranda rights—has prevented lawmakers from producing laws that assist minors in comprehending these warnings. As a protected class, minors should be provided with extra counseling if they are faced with criminal charges in order to save judicial resources and help keep innocent minors out of the criminal justice system. A law mandating that minors consult with a pro tem attorney prior to questioning could reduce the number of cases awaiting adjudication, relieve the court of having to investigate whether the minor was coerced, threatened, intimidated, tricked, or falsely promised, and would create …

Introduction, Sidney R. Thomas

Golden Gate University Law Review

No abstract provided.

Judges Of The Ninth Circuit

Golden Gate University Law Review

No abstract provided.

Front Matter

Golden Gate University Law Review

Front Matter includes Masthead, Faculty Advisors, Preface and Table of Contents.