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Biometric Data Collection: Market Necessity or Unconstitutional Overkill?
Get PDFCongress should pass, and the President should sign into law, the National Biometric Information Privacy Act of 2020 (National BIPA). Introduced by Senators Jeff Merkley (D-OR) and Bernie Sanders (I-VT), this bill limits the ability of private entities to collect biometric data and requires them to ensure the privacy and security of data they do collect. Unlike most federal regulatory legislation, it also provides for a private right of action through which individuals can seek meaningful remedies.
Critics argue that the bill will deprive consumers of online shopping services and convenient digital security, and that employers and retailers may retaliate by requiring consent for biometric data collection as a condition of service or employment. Supporters argue that the status quo has already defaulted to mandatory consent, and that without legislation, citizens who value their privacy are left without a remedy.
Biometric data collection provides relatively negligible benefits in commercial and employment contexts. Conversely, unregulated collection erodes civil liberties and violates the fundamental right to privacy. On balance, the risks far outweigh the benefits
Interim Law Dean’s Welcome Message
Get PDFWelcome to the inaugural issue of the Golden Gate University Race, Gender, Sexuality, & Social Justice Law Journal. There has never been a more appropriate or important time to inaugurate a journal dedicated to the law’s capacity to advance social justice than right now. And there is no better institution to inaugurate this new journal than Golden Gate University School of Law. Thank you to all our readers—now and in the years to come—who will help us move the values, principles, and ideas in this journal into communities and courtrooms in pursuit of equality and true justice
Are Parent-Child Transfers under California Prop 19 Destroying the Ability to Create Generational Wealth?
Get PDFOn November 3, 2020, California voters narrowly voted to pass Proposition 19 (Prop 19) which affects how California homeowners are able to pass on property to family members. Effective on February 16, 2021, parents attempting to pass on their family home to children are now inadvertently restricting how their children can and will use the home
Front Matter
Get PDFFront Matter includes the Masthead, Preface, list of law faculty, and Table of Contents
The Pleasure of the Contract: Legal Role Play from Leopold von Sacher-Masoch Through Noodles & Beef
Get PDFThe 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 as a launchpad for a more extensive discussion of the sex contract’s aesthetic interpretation. Employing a vocabulary of parody, play and performance (all aesthetics terms), Nonbinding Bondage presents the most popular reading of subcultural BDSM contracts: that they mime aspects of traditional contracts to unearth truths about power relations. Through the contractual mimesis of legal role play, BDSM practitioners experience with pleasure and gusto distorted versions of traditional societal power exchanges.
In Part II, this Comment examines how mimesis and desire intertwined for two Washington State Pups—gay men whose fetish entailed dressing up as dogs—Noodles & Beef and Tank. Pups engage in a range of practices: they variously display symbolic contracts (doggie collars, chains), draft and sign consequential written agreements, and may even agree to have tracking software installed subcutaneously (“chipping”). This Comment looks to the notorious sex contract that Tank posted to his Tumblr page on December 20, 2012 in its social and legal context. Though legally unenforceable, Tank performed the terms of this document to the letter, and it became a fatal fetish. This fatality derived from the fact that the contract contained an implied provision mandating testicular silicone injections by the submissive Pup. These injections killed Tank, but they did not have to.
Next, Part II turns to the meretricious contract, or contract involving sexual exchange, as analogue to a BDSM contract like Noodles & Beef’s. Though legally unenforceable, the meretricious contract can itself become the site of social and political liberation and empowerment, as critical California cases Marvin v Marvin and Jones v. Daly have demonstrated. Such a contract will typically lose in court, as it did in both cases. Still, its loss can trigger the birth of new rights for genders and sexualities typically excluded from the protection afforded by constitutionally derived fundamental rights, like the right to marry. Contracts that are meretricious in nature can also create new rights for victims of detrimental reliance—whose non-monetary contributions to a non-marital arrangement have come to amount to nothing after the arrangement disintegrates—helping to equalize a gender imbalance. Because the unenforceable meretricious contract can increase sexual freedom and equality through notoriety, the performative aesthetics of Noodles & Beef’s sex contract might contain a silver lining after all, adding to its legal and cultural importance
Comments Re: Concrete Production, Materials Handling, and Concrete Crushing Operations at Piers 92 and 94, San Francisco
Get PDFThe Environmental Law and Justice Clinic at Golden Gate University School of Law (the “Clinic”) submits these comments on behalf of the African American Community Health Equity Council, All Positives Possible, Bayview Hill Neighborhood Association, Bayview Hunters Point Mothers and Fathers Committee, Communities for a Better Environment, First Generation Environmental Health & Economic Developments, Greenaction for Health and Environmental Justice, the National Lawyers Guild - SF Bay Area Chapter Environmental Justice Committee, and the West Oakland Environmental Indicators Project
A Safer and More Liberating World for Sex Workers
Get PDFIn recent years, violence against trans women of color has come to the forefront of public discourse. In 2020, there was a record number of fatal attacks against transgender and gender non-conforming people. This year the numbers are more devastating. Even with increased visibility of trans people, the death toll is rising, and we are set to surpass levels of violence from previous years. Trans women of color are particularly affected by the violence, facing a greater chance of being killed than the rest of the trans or cis population. Police are also responsible for disproportionate levels of violence against the trans community. When interacting with the police, transgender people are at a much higher risk of becoming victims of police violence. These statistics were heavily cited by activist groups and played a major role in forcing the legislature to act
Social Equity: Will the Cannabis Industry Choose to Overcome Its Lack of Diversity?
Get PDFIn the world of legal cannabis, a new phrase has taken over: Social Equity. What does this really mean? Social Equity in the cannabis industry is an attempt to level the playing field for individuals who were negatively impacted by the prohibition of cannabis.
Long before the re-legalization of cannabis began to spread across the United States, Black and Brown folks were and continue to be disproportionately arrested and locked up for cannabis related offenses. Those most impacted by the War on Drugs have historically been Black and Brown individuals from low-income communities. Militarized policing targeted to these low-income communities has led to generations of Black, Brown, and poor white folks being pushed into the criminal justice system and denied social mobility.
This legacy lives on today, reinforced through the governmental and financial structures that continue to systematically exclude those most harmed by the United States’ failed War on Drugs
Constitutional Rights in the Time of Covid-19: SF Public Defender Sues SF Superior Court, Alleging Violations of Detainees’ Sixth Amendment Rights
Get PDF“One of the most oppressive things a state can do is to take away your freedom and then deny you what’s necessary to win it back,” said Manojar Raju, San Francisco Public Defender, during a rally held on the front steps of San Francisco’s Hall of Justice.
On September 14, 2021, Raju filed a lawsuit against the Superior Court of California and the city of San Francisco. The lawsuit alleges that the San Francisco Superior Court has been routinely violating citizens’ Sixth Amendment right to a speedy trial.
In fact, as of August 30, 2021, there are about 429 people whose pending criminal cases have gone past the statutory deadline for trial. Of those, approximately 178 people are being held in jail, typically locked in their cells for 23 hours a day. The majority of these detainees have been incarcerated for over a month, and some have been incarcerated for over a year. Despite the fact that each detainee is to be presumed innocent until proven guilty, these people are charged with a crime but denied their day in court
Testing the Efficacy of Drug Prevention Programs: A Case Study of the King County Alcohol and Other Drugs Prevention Program
Get PDFThis study will address the issue of increased drug abuse and addiction among the youth. The main question that this study will address is how drug prevention programs can reduce drug abuse and addiction among the youth. The theory of change guiding the study is that engaging the youth in peer pressure training, constructive activities, life skills, and life education programs will reduce drug abuse and addiction among youth. The literature review guided the research by illustrating the programs and activities that have been established to reduce drug abuse and addiction among the youth. Those that were successful have been highlighted in the literature review, and those that failed as well. In addition, the literature review guided researching into what has not yet been researched to supplement the already existing recommendation towards reducing drug abuse and addiction among the youth. Data collection was through surveys and interviews. A survey was prepared on survey planet and shared on social media. The results and findings from the research validated this study\u27s assumptions that the youth, when trained on life skills and life education and when engaged in constructive activities, will reduce the rate of drug abuse and addiction among the youth. Therefore, the Theory of Change for this research study was validated. Recommendations are to develop programs that will train the youth and engage them to eliminate idleness and naivety that may contribute to drug abuse and addiction