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Articles 1 - 20 of 20
Full-Text Articles in Law
United States V. Ruiz-Gaxiola: Setting The Standard For Medicating Defendants Involuntarily In The Ninth Circuit, Michelle R. Cruz
United States V. Ruiz-Gaxiola: Setting The Standard For Medicating Defendants Involuntarily In The Ninth Circuit, Michelle R. Cruz
Golden Gate University Law Review
In United States v. Ruiz-Gaxiola, the United States Court of Appeals for the Ninth Circuit held that the government could not medicate a defendant involuntarily for the sole purpose of rendering the defendant competent to stand trial. The court relied on the Sell test in making its determination. In Sell v. United States, the United States Supreme Court established a four-pronged test for determining whether a court should grant a request to medicate a defendant involuntarily. A court may not grant such a request unless the government shows that (1) an important government interest is at stake in …
Gebhart V. Gaughan: Clarifying The Homestead Exemption As To Post-Petition Appreciation, Natalie R. Barker
Gebhart V. Gaughan: Clarifying The Homestead Exemption As To Post-Petition Appreciation, Natalie R. Barker
Golden Gate University Law Review
This case summary begins by discussing the facts and procedural history of the two consolidated appeals in Gebhart. Next, it outlines and reviews the analysis of the Ninth Circuit. Lastly, it concludes by briefly discussing the implications of the Ninth Circuit’s decision in Gebhart.
Newdow V. Rio Linda Union School Disctrict: Religious Coercion In Public Schools Unconstitutional Despite Voluntary Nature Of Partially Patriotic Activity, Daniel D. Blom
Golden Gate University Law Review
This Note examines Newdow v. Rio Linda Union School District and explains why California Education Code Section 52720 and the School District’s policy of reciting the Pledge violate the Establishment Clause. Part I discusses the background facts and procedural history of the case and the three tests that were developed by the United States Supreme Court to analyze Establishment Clause challenges. Part II examines the Ninth Circuit’s application of the three Establishment Clause tests to the facts of this case. Finally, Part III explains why the Coercion Test is the determinative test in the context of government action in public …
Benay V. Warner Bros. Entertainment, Inc.: New Standard Needed For Determining Actual Use, Brian Casido
Benay V. Warner Bros. Entertainment, Inc.: New Standard Needed For Determining Actual Use, Brian Casido
Golden Gate University Law Review
This Note examines Benay v. Warner Bros. Entertainment, Inc., and the substantial-similarity standard under a California breach of an implied-in-fact contract claim and a federal copyright infringement claim. The standard used in Benay will hinder the free flow of ideas by deterring producers from accepting an author’s screenplay for fear of breaching an implied-in-fact contract. Part I of this Note summarizes the history and development of the protection of rights to creative works. Part II provides the facts and procedural history of Benay v. Warner Bros. Entertainment, Inc. Part III analyzes and criticizes the Ninth Circuit’s holding in Benay …
United States V. Pineda-Moreno, Tracking Down Individuals' Reasonable Expectation Of Privacy In The Information Age, Caitlin Emmett
United States V. Pineda-Moreno, Tracking Down Individuals' Reasonable Expectation Of Privacy In The Information Age, Caitlin Emmett
Golden Gate University Law Review
In Pineda-Moreno, the Ninth Circuit held that prolonged police monitoring of a defendant’s precise location through the use of GPS transmitters did not constitute a search. In so holding, the Ninth Circuit relied on the Supreme Court decision in United States v. Knotts. Knotts held that “[a] person traveling in an automobile on public thoroughfares has no reasonable expectation of privacy in his movements from one place to another.” Prior to the Ninth Circuit’s decision in Pineda-Moreno, most federal appellate courts interpreted Knotts to hold that location tracking outside the home is analogous to physical surveillance and …
Introduction, Marsha S. Berzon
Introduction, Marsha S. Berzon
Golden Gate University Law Review
As judges of the geographically largest and busiest federal circuit court of appeals, the 26 active and 22 senior Ninth Circuit judges rarely have the luxury of looking back at the cases we have decided, rather than working on the opinions yet to be written and preparing for the new cases coming up for argument. That the Golden Gate University Law Review has for so many years (since Volume 6 in 1976) produced this annual volume documenting and analyzing our work product has been essential in filling the gap by providing an objective assessment of what – and how – …
The Sex Offender Registration And Notification Act: The Need To Break The Constitutional Mold, Bailey Bifoss
The Sex Offender Registration And Notification Act: The Need To Break The Constitutional Mold, Bailey Bifoss
Golden Gate University Law Review
The Sex Offender Registration and Notification Act (SORNA) is an example of legislation that utilizes the constitutional mold, as it contains a jurisdictional hook that expressly limits its application to activities that affect interstate commerce. SORNA’s jurisdictional hook states that a sex offender is guilty of violating its provisions if, after that offender travels in interstate commerce, he or she fails to register or update a registration as required. This hook provides federal jurisdiction over sex offenders even though SORNA’s purpose is to regulate criminal conduct and thus traditionally within the states’ power to regulate. SORNA, therefore, exemplifies the way …
California's Campaign For Paid Family Leave: A Model For Passing Federal Paid Leave, Caroline Cohen
California's Campaign For Paid Family Leave: A Model For Passing Federal Paid Leave, Caroline Cohen
Golden Gate University Law Review
Part I of this Comment will provide a background of the stated purposes of the FMLA, the California Family Rights Act (CFRA) and California’s Paid Family Leave (PFL), and the benefits each law provides. Part II will discuss the federal income replacement bills of 2009 that need to be reintroduced and enacted to fulfill the FMLA’s intent. Part III will explain why wage replacement is needed at the federal level so that more workers are financially able to access the FMLA’s protections. Part IV will trace the legislative development of the FMLA and PFL to predict the likely challenges that …
Second Annual Golden Gate University School Of Law Chief Justice Ronald M. George Distinguished Lecture: Women Chief Justices
Golden Gate University Law Review
This is a transcript of the lecture held on October 12, 2010. Please see also the Ronald M. George Distinguished Lecture Series.
Cleaning The Mess Of The Means Test: The Need For A Case-By-Case Analysis Of 401(K) Loans In Chapter 7 Bankruptcy Petitions, Luke Welmerink
Cleaning The Mess Of The Means Test: The Need For A Case-By-Case Analysis Of 401(K) Loans In Chapter 7 Bankruptcy Petitions, Luke Welmerink
Golden Gate University Law Review
This Comment examines the relevant case law regarding Chapter 7 petitions and the policy implications of not considering 401(k) loan repayment a necessary expense. Section II provides an overview of the treatment of 401(k) loans in bankruptcy, as well as a more detailed review of means testing and an analysis of Other Necessary Expenses. Section III argues that courts should look to the facts and circumstances surrounding petitions to determine whether 401(k) loan repayments can be deducted as necessary expenses, and that doing so will not affect the ability of courts to properly dismiss abusive petitions under a totality-of-the-circumstances analysis. …
Plural Marriage And Community Property Law, Diane J. Klein
Plural Marriage And Community Property Law, Diane J. Klein
Golden Gate University Law Review
Plural marriage makes strange bedfellows. Fundamentalist Mormons, polyamorous/ polyfidelitous sex radicals, and some feminists and proponents of same-sex marriage (including this author), share the view that freedom of intimate association under the United States Constitution, properly understood, must extend beyond the right to marry exactly one person of the opposite gender from oneself. But while it is one thing to endorse marriage freedom, as a matter of principle, it is quite another actually to implement it in law. If people could simultaneously have more than one spouse, the lawyer must ask, how would things actually work, from a marital property …
Making Virtual Copyright Work, Matthew R. Farley
Making Virtual Copyright Work, Matthew R. Farley
Golden Gate University Law Review
This Article proposes measures that attempt to strike the balance between creation and access. The virtual-world community is not likely to persevere with the little copyright protection it currently enjoys. Creativity will dwindle and the rich, energetic settings that make virtual worlds so attractive to businesses and entertainers will follow suit. At the same time, because much of the creativity in virtual worlds is derivative in nature, virtual creators are also unlikely to benefit from strong copyright protections. Therefore, current interpretation of copyright law must be revisited and revised before applying it to virtual worlds. Part I details virtual worlds …
Preface, Melani Johns