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Don’t Say Gay…At Least, Not in Front of Your Teachers
Full text linkThe Florida Senate passed The Parental Rights in Education bill, also known as the “Don’t Say Gay” bill by the media on March 28, 2022. This Bill proposes that a school district may not “discourage or prohibit parental notification of and involvement in critical decisions affecting a student’s mental, emotional, or physical health or well-being,” nor “encourage classroom discussion about sexual orientation or gender identity in primary grade levels or in a manner that is not age-appropriate or developmentally appropriate for students.” The bill would allow parents to “bring an action against a school district to obtain a declaratory judgment that a school district procedure or practice violates this paragraph and seek injunctive relief.” Withholding information from parents is permissible only if “a reasonably prudent person would believe that such disclosure would result in abuse, abandonment, or neglect.” The bill originally included language that would require school principals to disclose a student’s sexual orientation to parents within six weeks except if the student is straight. This part of the bill was withdrawn an hour before the House meeting
NOTE: CITY OF OAKLAND V. WELLS FARGO CO.: EXAMINING THE PROXIMATE CAUSE STANDARD UNDER THE FAIR HOUSING ACT
Full text linkThe 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 able to obtain mortgage loans, but with subprime terms, which started with low monthly payments, but would increase based on changes in the market interest rates. By 2008, subprime borrowers began defaulting on their loans at an unprecedented rate.
During the 2008 mortgage crisis, many Oakland residents lost their homes, gang graffiti adorned the buildings, and abandoned homes became a breeding ground for drug dealers. A similar scenario plagued the City of Cleveland.
This Note argues, the Ninth Circuit erred in denying Wells Fargo’s motion to dismiss Oakland’s reduced property tax claim: Oakland did not show proximate cause for its reduced tax revenue claim because Oakland’s harm ran far beyond the first step. Oakland failed to establish a direct connection between asserted injuries and Wells Fargo’s alleged predatory lending practices. This Note applied a different interpretation of the Holmes three-factor feasibility test
Wrongfully Charged
Full text linkOn January 10, 2020, a San Francisco Superior Court judge, at the request of a San Francisco Police officer, issued an arrest warrant in connection with a residential burglary. Mot. Suppress Evid. Off’d Against Def. Prelim. Hr’g, 6:1-2. The warrant listed suspects to be arrested and described a residence in Oakland that was to be searched. Id. at 3:5-13. The San Francisco Police Department sent a special operations unit to execute the warrant. Id. at 10:13-22. When the officers arrived at the house, they found the suspect as well as other individuals in the house.
One of those individuals was a 19-year-old Black woman named Mariyanna Bryant. Mariyanna was visiting her boyfriend at the residence when the warrant was executed. Id. at 3:12-14. She willingly exited the house and followed the instructions of the police officers as they bound her hands in zip ties. Rptr. Tr. Proceedings at 13:5-11, July 21, 2021. The officer then patted her down for weapons to ensure the safety of the officers on site and—once the officer determined that Mariyanna did not have any weapons—instructed her to sit on the curb and wait while they conducted a thorough search of the residence. Id. at 13:10-15, 14:12-23.
Mariyanna sat on the rough concrete curb in the cold night air as the zip ties cut into her wrists. She sat there for almost four hours while the officers searched the residence. Mot. Suppress Evid. Offered Against Def. at the Prelim. Hr’g, 6:19-20. They recovered weapons, clothing, and other evidence they believed was used during the commission of the crime but did not locate any money. Id. Mariyanna was then instructed to stand by Officer Colleen Fitzpatrick of the San Francisco Police Department. The officer stuck her hands inside Mariyanna’s sweater and pulled out money that was in her bra. Id. at 8:12-13. The officer then put the money into an evidence bag and arrested her
Self-Sovereign Identity and the Decentralized, Consent-Based Model
Full text linkThe centralized third-party authentication model for digital identity validation is obsolete in light of newer and more secure means of ensuring accurate digital identification. Governments, private organizations, and citizens should be encouraged to explore the means by which they can maximize the latest in digital developments to protect themselves and their online identities. California should begin to implement the precepts of the decentralized Self-Sovereign Identity (SSI) model, which is superior to its predecessor in its simplicity, as it requires only three things to validate a digital identity: (1) a blockchain which has the information necessary to satisfy the consensus algorithm ensuring adequate replication across the network nodes; (2) verifiable credentials; and (3) decentralized identifiers. Because this system is predicated on a trustless Proof of Work (PoW) model, at present, blockchains are practically immutable, thus making it impossible to falsify or forge information on them. The use of cryptographic hash functions ensures that the security of each block of data is independently secured from one another, and ultimately known only to the controller and owner of the information: the user. California should join other state and national governments in the research and implementation of SSI-compliant models of governance to better protect and support the needs of its citizenry in an increasingly digitized world
Discussion Transcript: The Road to Kavanaugh
Full text linkDISCUSSION TRANSCRIPT: THE ROAD TO KAVANAUGH, MARCH 15, 2019, GOLDEN GATE UNIVERSITY SCHOOL OF LAW
That Was Then, This Is Now: The Revival of the Proposed Equal Rights Amendment and the Co-optation of the #MeToo Movement
Full text linkThis Comment argues that the anticipated effect of an Equal Rights Amendment on the experiences of Black women and girls who have survived sexual violence is incongruent with the original tenets of the #MeToo movement. To provide context, Part I of this Comment recounts historical efforts to enact the proposed Equal Rights Amendment. Part I also details the concept of “intersectionality,” as well as modern campaigns that embrace its meaning to advance the social position of Black women.
In evaluating the efficacy of an Equal Rights Amendment, Part II of this Comment defines the contours of Black women’s experiences in surviving sexual assault. This Part identifies observed patterns in the context of sexual assault perpetrated against Black women, and then shows how these patterns arose from pervasive, Black, female stereotypes originating from the slavery era. Part III continues the discussion by exploring the anticipated effect of an Equal Rights Amendment on Black women. Then, this Part compares the proposed Amendment’s anticipated effect to the unique experiences and needs of Black, female survivors, to in turn show that the proposed Amendment would not adequately remedy Black, female survivors of sexual assault.
Last, Part IV offers two ways in which #MeToo advocates might reconcile their invigorated push for the enactment of an Equal Rights Amendment with the original tenets of the movement. This Part argues that only by supplementing it with support for a modified reasonable person standard and a special damage calculation will efforts to enact an Equal Rights Amendment harmonize with the mission of the #MeToo movement. Only then will the cycle of co-optation end and Black women be made whole
Founding Editor-In-Chief’s Welcome Message
Full text linkWelcome! Thank you for visiting Golden Gate University’s Journal of Race, Gender, Sexuality, and Social Justice website. The Journal strives to provide race, gender, sexuality, and social justice practitioners, students, judges, and academics a platform to share their thought leadership via a born-digital format. We endeavor to publish legal scholarship of the highest quality
Gregory Hodge on “Working for Racial Equality: Moving from Talk to Action with an Equity Agenda”
No full textWith an introduction by Prof. Jyoti Nanda, student leaders Marthea Alley-Caliz, representing the RJTF, and BLSA President Amye Osakue co-hosted Mr. Hodge for a discussion on: his education and career path; working for racial equity; key personal and organizational considerations for moving from talk to action with an equity agenda; and the racial disparities in health outcomes related to COVID-19