Law Commons^™

California’S “Yes Means Yes” Standard: A Starting Point For College Sexual Assault Policy Reform, Elizabeth Youngberg

Golden Gate University Law Review

Section I will discuss the background on colleges and their responsibility to address sexual misconduct on their campuses. This begins with a discussion regarding the relationship colleges share with their students and the government. Next, the background will discuss the federal laws that govern colleges and how they are expected to address campus sexual misconduct, including the Clery Act, Title IX as interpreted and defined by the Dear Colleague Letter of 2011, the Campus SaVE Act, and the Violence Against Women Reauthorization Act of 2013. Finally, this section concludes by reviewing California laws addressing campus sexual misconduct, including the California …

Hackers Made Me Lose My Job!: Health Data Privacy And Its Potentially Devastating Effect On The Lgbtq Population, Alex Lemberg

Golden Gate University Law Review

This Comment shows that because of an increasing rate and severity of data breaches, insufficient legal recourse for affected individuals, and lack of incentives for healthcare companies to strengthen their data security systems, leaked healthcare data will cause the substantive due process right of privacy of LGBTQ individuals to be disenfranchised. Because sexual orientation and gender identity are unprotected by heightened scrutiny under federal due process and equal protection jurisprudence, additional protections must be created for LGBTQ people. These protections should include a new legal right in tort under the Health Information Portability and Accountability Act of 1996 (HIPAA), increase …

Independent Contractor Or Employee: I’M Uber Confused! Why California Should Create An Exception For Uber Drivers And The “On-Demand Economy”, Andre Andoyan

Golden Gate University Law Review

Part I of this comment details California employment law, how it has been applied to Uber, and how Uber, along with other “On-Demand Economy” companies, are different than other companies. Part II presents the current legal issues in worker classification. Part II also proposes the exception that should apply to Uber drivers and discusses why Uber, and other “On-Demand Economy” companies, should be entitled to this exception, including the practical problems with an employment classification for Uber. Part III concludes that changing our worker-classification laws is a compromise that will benefit drivers, Uber, and reflect the changes in our society.

A ’70’S Woman’S View Of 40 Years In The Life Of The Law, Drucilla Stender Ramey

Golden Gate University Law Review

In reflecting on 45 years of the life of the law in the Bay Area, it was initially tempting to contrast the grim reality of the new Administration with a seemingly kinder and gentler time. But in truth those halcyon days of memory actually began with the landslide reelection of Richard Nixon, emblematic of a decade here that was scarred by unimaginable violence — from the Zebra killings and the Patty Hearst kidnapping to the assassinations of Mayor George Moscone and gay rights icon Harvey Milk; from the Jonestown massacre of over 900 followers of the Unification Church to the …

Life As A Civil Rights Lawyer In The San Francisco Bay Area, John L. Burris

Golden Gate University Law Review

As a civil rights lawyer for almost 40 years, I have represented over 1,000 victims of police misconduct, thousands in class action employment and toxic tort cases, defendants in many serious criminal cases, and an array of high-profile public figures and professional athletes. During the course of this article, I will write about a selection of cases that are most meaningful and impactful to me. This article also addresses the development of my high-profile status related to my involvement with cases of public interest.

The Office Of The City Attorney Of San Francisco, Louise Renne

Golden Gate University Law Review

The San Francisco City Attorney’s Office serves the Mayor, Board of Supervisors, and other elected officials as well as the approximately 100 departments, boards, commissions, and offices that comprise the City and County of San Francisco’s government. In many ways, the office is unique among city attorney offices, both because of the extraordinary scope of activities performed by the City and County of San Francisco’s government, and the scope of the City Attorney’s Office activities within that structure. At the outset, it is important to note that the San Francisco City Attorney is elected — comparatively unusual among cities. All …

The Company I Keep, Laurel Beeler

Golden Gate University Law Review

No abstract provided.

Golden Gate University School Of Law: A Bridge To The Profession In The Heart Of San Francisco, Rachel A. Van Cleave

Golden Gate University Law Review

An over 115-year San Francisco institution devoted to opening legal education and the profession to people of diverse backgrounds and experiences, Golden Gate University School of Law (GGU Law) has been a cornerstone of the Bay Area legal community. GGU Law’s mission, graduates, and academic leaders have played an integral role to the fabric of the San Francisco Bay Area legal community and that has shaped a progressive use of the law that seeks to protect the rights of those who otherwise lack a strong political or legal voice. These contributions continue to reverberate throughout California and beyond. This essay …

Table Of Contents

Golden Gate University Law Review

No abstract provided.

Preface, Alex Lemberg, Mary Loung

Golden Gate University Law Review

No abstract provided.

Masthead

Golden Gate University Law Review

No abstract provided.

C.R. Ex Rel. Rainville V. Eugene School District 4j: Slowly Expanding A School’S Ability To Reach Off-Campus Speech, Mary R. Loung

Golden Gate University Law Review

The United States Constitution guarantees equal protection under the law to all citizens regardless of race, color, religion, and gender. However, there are special circumstances when constitutional rights can be restricted. The First Amendment rights of public school students fall under one of these special circumstances. While parents have a responsibility to care for, protect, and discipline their child, the responsibility transfers to the school’s in loco parentis authority when the child becomes a student under their supervision. The salient issue then becomes how to determine when the school’s authority begins and ends. The Ninth Circuit’s decision in C.R. ex …

State And Federal Powers Clash Over Medical Marijuana In United States V. Mcintosh, Cara E. Alsterberg

Golden Gate University Law Review

The unanimous opinion in United States v. McIntosh held that a spending rider approved by Congress in 2014 and 2015 prohibits the United States Department of Justice (the Department) from prosecuting marijuana suppliers who fully comply with state laws allowing the use of marijuana for medicinal purposes. The Department argued that the rider only prohibits litigation against the states themselves, rather than prosecution of individuals who provide marijuana for medicinal purposes, because the language of the rider indicates that the Department may not use appropriated money to prevent states from implementing their medical marijuana laws.

The three-judge panel of the …

Jones V. Davis And The Critical Issue Of Time In California’S Capital Punishment System, Heather Varanini

Golden Gate University Law Review

This Note argues that the Ninth Circuit should have affirmed the district court’s holding, thus invalidating California’s capital punishment system for three main reasons. First, citizens are losing confidence in the death penalty, which undermines its deterrent effect. Second, capital punishment is a critical issue for the State, and Californians and death row inmates alike must look to the judiciary for relief. Third, the Ninth Circuit avoided the constitutional issue of California’s capital punishment system by relying on Teague v. Lane. In doing so, the court deepened the problems the Defendant and the district court sought to alleviate.

Peruta V. County Of San Diego: An Individual Right To Self-Defense Outside The Home And The Application Of Strict Scrutiny To Second Amendment Challenges, Kevin Ballard

Golden Gate University Law Review

This Note will begin by examining the majority’s analysis in Heller. The Heller case, through historical interpretation, analyzed the language of the Second Amendment and settled a long-held dispute about the meaning of its actual language. This same historical analysis was also significant in the Supreme Court’s examination of McDonald, which affirmatively applied the Second Amendment to the States. Peruta used the same methodology as Heller and McDonald.

Next, this Note will argue that, based on the historical analysis in Heller, McDonald, and Peruta, courts addressing the Second Amendment should apply strict scrutiny review …

Dc Comics V. Towle: To The Batmobile!: Which Fictional Characters Deserve Protection Under Copyright Law, Katherine Alphonso

Golden Gate University Law Review

Section I of this Note presents the history and purpose of copyright law by giving a brief background of its origin. It discusses how courts have since expanded copyright coverage to individual fictional characters, and chronicles the various challenges faced in applying the law. Section I also provides relevant facts and procedural history for the case.

Section II examines the Ninth Circuit’s discussion and holding. Section III discusses the inherent limitations of the three-part test used in the decision. It explains the importance of rejecting categorical protection and analyzing copyright for all fictional characters on a case-by-case basis. Section III …

Introduction, The Hon. Carlos T. Bea

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

No abstract provided.

Table Of Contents

Golden Gate University Law Review

No abstract provided.

Preface, Cara E. Alsterberg, Heather Varanini

Golden Gate University Law Review

No abstract provided.

Masthead

Golden Gate University Law Review

No abstract provided.