7044 research outputs found
Sort by
Geofence Warrants: An Attack on the Fourth Amendment
Full text linkImagine a world where a king could compel the search of anybody, anywhere, and for anything. This world inspired James Madison to draft the Fourth Amendment, and is also a world we are returning to. The Fourth Amendment was created to protect against indiscriminate general warrants used in Georgian England, which subjected colonists to unrestricted invasions of privacy. Today, these general warrants come with a new name and in a new form: geofence warrants. Geofence warrants permit law enforcement to obtain the location data of every person that was in a specific geographic area where a crime occurred, in an effort to work backwards and identify the culprit. Essentially, the days have returned in which all the King’s horses and all the King’s men can burst into every apartment in a building to find their suspect
Founding Managing Editor’s Welcome Message
Full text linkIt is with great privilege and honor to introduce you to the GGU Gender, Race, Sexuality, and Social Justice Law Journal. This project started when my colleague, dearest friend and founding Editor-in-Chief, Silvia Chairez-Perez, approached me during our internship with the California Supreme Court Capital Central Staff. We were discussing how far we have come with the resources presented to us, and our motivation to provide a better pathway to underrepresented law students
Founding Journal Advisor’s Welcome Message
Full text linkIMPORT OF THE RACE, GENDER, SEXUALITY, & SOCIAL JUSTICE LAW JOURNAL IN 2021
The launch of the Race, Gender, Sexuality and Social Justice Law Journal is no small feat and I applaud our student leaders for their fortitude in the middle of a year unlike any other. In 2020, our country underwent a national reckoning on race trigged by the unlawful death by police of several unarmed African American women and men while grappling with a global pandemic that halted life as we knew it. Our GGU law students, like all students everywhere, persevered – shifting to remote learning and remaining focused. Their longstanding goal to create a space at GGU Law to lift legal issues largely neglected by traditional legal scholarship remained remarkably steadfast. This Journal is a testament to their dedication to a project bigger than them and something that will outlive their time at GGU Law. I am deeply humbled to serve as their faculty advisor
Dyroff v. Ultimate Software Group, Inc.: A Reminder of the Broad Scope of § 230 Immunity
Full text linkPart 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, Part IV argues that the Ninth Circuit correctly applied the law in the Dyroff decision, but failed to adequately define the term content-neutral. Further, by not defining what falls within the scope of content-neutral, the Ninth Circuit’s holding implicitly immunizes any manipulation of third-party content facilitating communication that does not materially contribute to the content at issue. The broad shield of § 230 immunity, which was necessary for growth and development during the Internet’s infancy, is antiquated and should be narrowed by Congress to foster greater accountability to prevent tragedies like Dyroff from recurring
SAN FRANCISCO BAY RESTORATION ACT
Full text linkThe Committee on Transportation and Infrastructure, to whom was referred the bill (H.R. 610) to amend the Federal Water Pollution Control Act to establish a grant program to support the restoration of San Francisco Bay, having considered the same, reports favorably thereon with an amendment and recommends that the bill as amended do pass
Water Contamination Ruining the Nation: How the Lead Water Crisis Disproportionately Affects Children of Color
Full text linkLead contamination of drinking water continues to impact children in communities of color. This article provides an overview of the key laws and regulations designed to prevent toxic lead exposure, identifies important factors that have limited the effectiveness of these laws, and makes recommendations concerning possible solutions. Additionally, this article explores the progress being made by efforts to protect children in hot spots like Flint, Michigan and Newark, New Jersey, and identifies resources for people in other communities that may be facing similar issues due to aging infrastructure
Book Review of: Blackett, A. (2019). Everyday Transgressions: Domestic Workers’ Transnational Challenge to International Labor Law
Full text linkEveryday Transgressions: Domestic Workers’ Transnational Challenge to International Labor Law. A. Blackett (2019). Everyday Transgressions: Domestic Workers’ Transnational Challenge to International Labor Law. Ithaca, NY: ILR Press, an Imprint of Cornell University Press. 287 pp. $23.95 (paper).
Reviewed by: Hina B. Shah, Women’s Employment Rights Clinic, Golden Gate University, San Francisco, CA, USA
One in every twenty-five women workers worldwide is a domestic worker. They are largely invisible, undervalued, and lack the most basic labor protections. Professor Blackett’s book, Everyday Transgressions, tackles this invisibility head on and provides a much-needed conceptual framing that lays bare the inequities faced by domestic workers and the transnational movement for change
AB 1482 – Tenant Protection Act and Its Impacts on Tenants, Landlords, and the Broader Housing Market
Full text linkWith housing shortages and rent steadily increasing, many long-time tenants are in favor of passing rent control laws. Advocates argue that rent control offers many benefits, including providing security for tenants against rising rents, providing affordable housing to tenants, and protecting vulnerable tenants from displacement. Its benefits include allowing tenants to achieve better financial stability, keeping families in their homes, and preventing working-class tenants, seniors, and vulnerable members of society from being priced out of their long-time residences and neighborhoods. Without rent control, lower-income tenants would have difficulty securing and keeping a home. At the same time, landlords benefit from rent control because tenants are more inclined to stay in the property long-term. Fewer tenant turnovers mean less hassle and stress for the landlord. It saves them money because vacancy periods could result in landlords realizing a loss on the property. However, this is far from a win-win situation.
A substantial body of research has found that rent control often backfires and has quite the opposite effect of keeping housing affordable. One research study by Stanford Economists Rebecca Diamond, Timothy McQuade, and Franklin Qian examined the consequences of San Francisco’s 1994 ballot initiative to expand rent control. They found that while the expansion of rent control prevented tenant displacement, the landlords in San Francisco responded to the law by withdrawing from the rental market, selling their properties, and converting their rent-controlled buildings into condominiums. The overall supply of rental housing declined as landlords converted their apartment buildings into higher-end condominiums and replaced old structures with new construction to avoid rent control regulations. The reduction in rental housing led to rent increases in the long run. It also shifted the city’s housing supply towards less affordable housing since many multi-family housing structures were converted to condominiums and new construction. These shifts in the housing supply drove up rent and decreased the supply of affordable housing. It also inadvertently created a housing stock that catered to higher-income individuals. Ultimately, the authors found that rent control created the very outcome it wanted to avoid – a decline in the number of renters living in rent-controlled units and a housing stock which was less affordable than before
Why We Should Provide More Support for Women of Color in Academia
Full text linkMy experience as a woman of color in higher education is not unique. In this piece, I will share my own story and discuss challenges women of color face to succeed in academia and how their absence in these spaces negatively affects the success of female students of color. Additionally, I will describe methods institutions of higher learning can implement to hire more women of color and how having women of color teachers has impacted my educational journey
Reimagining Criminal Justice: How We Traded Out Asylums for Prisons
Full text linkThe criminal justice system fails to adopt alternative mental health reforms better equipped to handle mental health crises rather than placing the mentally ill in institutions that have proven to worsen their illness. The criminalization of mental illness must end, says Zaynah Zaman, a student at Golden Gate University School of Law