Golden Gate University Law Review

http://digitalcommons.law.ggu.edu/ggulrev/

List of Papers (Total 1,198)

Sackett v. U.S. Environmental Protection Agency: "Waters of the United States

This case note analyzes Sackett v. U.S. Env’t Prot. Agency, 8 F.4th 1075, 1080 (9th Cir. 2021), a case wherein the U.S. Court of Appeals for the Ninth Circuit set forth the proper test for determining whether wetlands are “waters of the United States” within the meaning of the Clean Water Act (33 U.S.C. §1251 et seq. (1972)). In 2007, the Sacketts had purchased a 0.63 acre lot in...

Capriole v. Uber Technologies Inc.: The Court Split over the Interstate Commerce Worker Exemption of the Federal Arbitration Act

This case note analyzes Capriole v. Uber Techs., Inc., 460 F. Supp. 3d 919 (N.D. Cal. 2020) aff’d, 7 F.4th 854 (9th Cir. 2021), a case wherein the U.S. Court of Appeals for the Ninth Circuit held that rideshare drivers who are employed as independent contractors do not qualify as interstate commerce workers within the meaning of the Federal Arbitration Act (FAA). Those who...

Mcgucken v. Pub Ocean Ltd.

This case summary details the decision in McGucken v. Pub Ocean Ltd., 42 F.4th 1149 (9th Cir. 2022), in which the U.S. Court of Appeals for the Ninth Circuit analyzed the proper application of the fair use doctrine under the U.S. Copyright Act. The Copyright Act (17 U.S.C. §§ 101 et. seq. (1976)) seeks to further cultural advancements by protecting the exclusive rights of...

Transgender Law Center v. Ice: Ninth Circuit Rules ICE Failed to Meet FOIA Requirements After Death of Detainee

This case summary details the decision in Transgender L. Ctr. v. Immigr. & Customs Enf’t, 46 F.4th 771 (9th Cir. 2022), in which the U.S. Court of Appeals for the Ninth Circuit analyzed whether the U.S. Immigration and Customs Enforcement Agency (ICE) had properly responded to a request for information pursuant to the Freedom of Information Act (FOIA) (5 U.S.C. § 552). The...

CASE SUMMARY: SOTO-SOTO V. GARLAND: NINTH CIRCUIT RULES BIA APPLIED THE WRONG STANDARD OF REVIEW AND ERRED IN DENYING A VICTIM OF TORTURE DEFERRAL OF REMOVAL UNDER THE CONVENTION AGAINST TORTURE

The Ninth Circuit granted a petition for review of the Board of Immigration Appeals decision to deny a deferral of removal under the Convention Against Torture. The Board held that the Immigration Judge’s findings granting Delfina Soto-Soto relief under the convention were clearly erroneous. The Board reasoned that the judge failed to acknowledge certain facts that indicate Soto...

NOTE: CITY OF OAKLAND V. WELLS FARGO CO.: EXAMINING THE PROXIMATE CAUSE STANDARD UNDER THE FAIR HOUSING ACT

The Financial Services Modernization Act of 1999 partially deregulated the financial industry under the premise of helping “everyone attain the American dream of home ownership.” In 1999, the “Fannie Mae” made subprime mortgage loans readily accessible to those who normally would not qualify. People in Oakland, who “used to find it difficult to obtain mortgages,” were suddenly...

J.E.F.M. V. LYNCH: THE JURISDICTIONAL EXCLUSION OF LEGAL REPRESENTATION FOR IMMIGRANT CHILDREN

The border crisis created a perfect storm in immigration courts, as children wind their way from border crossings to immigration proceedings. The storm has battered immigration courtrooms crowded with young defendants but lacking lawyers and judges to handle the sheer volume of cases.

The Pleasure of the Contract: Legal Role Play from Leopold von Sacher-Masoch Through Noodles & Beef

The recent article Nonbinding Bondage: Exploring the (Extra)legal Complexity of BDSM Contracts encapsulates the aesthetic legacy of the sex contract and its embodiment in what this Comment calls “legal role play,” or how individuals perform contractual play-acting for sexual gratification. In Part I, this Comment challenges Nonbinding Bondage’s historical arc, using this writing...

Total Makeover: Federal Cosmetics Regulation and Its Need for Legislative Overhaul to Ensure Consumer Protection

The cosmetic industry’s lack of federal oversight has given rise to concerns regarding consumer safety. Amy Friedman’s story is one example of how the current lack of FDA cosmetic regulation causes actual harm to consumers.26 The current regulatory scheme allows cosmetic companies to operate with little to no government review, leaving consumers vulnerable to potential bad actors...

An Absolute Deprivation of Liberty: Why Indigents’ Wealth-based Discrimination Claims Brought Under the Equal Protection Clause Should Be Subject to Intermediate Scrutiny

This Comment argues that wealth-based discrimination claims concerning pretrial detention of indigents should be analyzed under an Equal Protection framework and subjected to intermediate scrutiny. In order to provide an overview of the Supreme Court precedent established for these types of claims, Part I of this Comment will discuss the relevant and historic Supreme Court cases...

Privity vs. Proximity: The Supreme Court’s Erroneous Reading of the Illinois Brick Doctrine in Apple Inc. v. Pepper

The rapid development of the digital marketplace led the United States Supreme Court to revisit the forty-two year old antitrust precedent set in Illinois Brick Co. v. Illinois. In Illinois Brick, the Supreme Court decided that under Section 4 of the Clayton Act, direct purchasers have standing to sue for treble damages due to unfair business practices, while indirect purchasers...

INTERVIEW: Black Lives Matter—A Discussion with Two Civil Rights Attorneys

Dr. Martin Luther King Jr. once said, “Human progress is neither automatic nor inevitable . . . every step towards the goal of justice requires sacrifice, suffering and struggle, the tireless exertions and passionate concern of dedicated individuals.” The Black Lives Matter (“BLM”) movement has a formal presence in the United States, the United Kingdom, and Canada. The founders...

Dyroff v. Ultimate Software Group, Inc.: A Reminder of the Broad Scope of § 230 Immunity

Part I of this Note examines the factual and procedural history of Dyroff and discusses the Ninth Circuit’s application of § 230 immunity in the case. Part II outlines the history of the CDA and examines how the federal courts have interpreted § 230 immunity leading up to its application in Dyroff. Part III discusses judicial interpretation of the scope of § 230 immunity. Lastly...

Dent v. NFL LMRA 301 Preemption – The Ninth Circuit Court of Appeals Throws a Penalty Flag on the NFL

Part I of this Note will discuss the procedural history of the case, the Ninth Circuit’s application of the two-pronged test to determine if LMRA 301 preempted the players’ state-law claims, the facts of Dent v. NFL, and finally a brief history of the NFL and its usage of CBAs. Part II will give a brief overview of the Supreme Court’s development of LMRA 301 jurisprudence as well...

Wells Fargo v. City of Oakland: A Matter of Proximate Cause

President Lyndon B. Johnson saw passage of the Fair Housing Act (“FHA”) to be a fitting tribute to the Reverend Dr. Martin Luther King, Jr., who had just been assassinated. The United States was in turmoil, much as it is today, with cities burning and people divided. The FHA was first introduced by Democratic senator Walter Mondale. The lobbying efforts of Republican senator...

Rittmann v. Amazon.com, Inc.: Ninth Circuit Rules Amazon’s Drivers Fall Within the Federal Arbitration Act’s “Transportation Worker Exemption”

Amazon is among a large list of corporations that have long tried to enforce mandatory arbitration against delivery drivers who file suit in their respective jurisdictions. In recent years, delivery drivers have decided to fight back against private arbitration and to have their legal battles heard in court. In these cases, delivery drivers argue that they are exempt from...

Perez v. City of Roseville: Constitutional Protection For the Public Employee in Matters Pertaining To Sex

Section I of this Note summarizes both of the Ninth Circuit’s opinions in the Perez matter. Section II analyzes the need to prevent the government employer from intruding on its employees’ personal autonomy rights. Section III discusses why the court’s second opinion is problematic. Section IV demonstrates why the Ninth Circuit’s first opinion is an appropriate application of the...

Williams v. Gaye: Further Blurring the Lines Between Inspiration and Infringement

Part I of this Note outlines the factual and procedural history of Williams and discusses the Ninth Circuit’s analysis in its first and second opinions. Part II discusses the historical background of copyright law in the United States, namely the Copyright Act of 1909 and the Copyright Act of 1976. Additionally, this section explains the structure of a music copyright...

Patel v. Facebook, Inc.: The Collection, Storage, and Use of Biometric Data as a Concrete Injury under BIPA

Facebook, Inc. (“Facebook”) amassed one of the most extensive facial- template databases in the world through the use of facial-recognition technology. However, Facebook is not alone; both private and public sector entities are heavily investing in improving their facial-identification technology. Facial geometry data are unique to each person and can be used to identify an...

United States v. Cano: The Ninth Circuit Limits Warrantless Searches of Cell Phones at the Border

In United States v. Cano, the Ninth Circuit Court of Appeals held that certain limitations apply to searches of cell phones at the border. First, the search must be limited in scope; the search must be conducted to discover digital contraband, not evidence of a future crime. Second, if the search is forensic, meaning the search greatly intrudes upon the privacy of an individual...

Front Matter

California’s Capital Crisis Continues: Voter-Initiated Time Limit on Capital Appellate Review Upheld Under Improper Directive Interpretation

Part I begins with an overview of the separation of powers doctrine. Part II provides an overview of Proposition 66 and the California Supreme Court case that challenged its constitutionality. This section discusses Proposition 66’s statutory objective, the petitioners’ claim of unconstitutionality, the respondents’ claim about the initiative’s purpose, and the court’s separation...

Bringing Specificity to Child Custody Provisions in California

This Comment evaluates the empirical evidence from social science studies to demonstrate that there is currently a sturdy body of social science research to justify using tangible evidence to define terms in the California Family Code, the California Family Courts, and beyond. Because the standard for custody determinations in California is the “best interest of the child” per...