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Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 19)
Acta Juridica     Full-text available via subscription   (Followers: 9)
Acta Politica     Hybrid Journal   (Followers: 13)
Acta Universitatis Danubius. Juridica     Open Access  
Actualidad Jurídica Ambiental     Open Access   (Followers: 1)
Adelaide Law Review     Full-text available via subscription   (Followers: 19)
Administrative Law Review     Open Access   (Followers: 38)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 7)
African Journal of Legal Studies     Hybrid Journal   (Followers: 6)
African Journal on Conflict Resolution     Open Access   (Followers: 15)
Afrilex     Open Access   (Followers: 4)
Air and Space Law     Full-text available via subscription   (Followers: 19)
Akron Law Review     Open Access   (Followers: 3)
Alaska Law Review     Open Access   (Followers: 9)
Albany Law Review     Free   (Followers: 6)
Alberta Law Review     Full-text available via subscription   (Followers: 14)
Alternative Law Journal     Hybrid Journal   (Followers: 1)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 14)
Amazon's Research and Environmental Law     Open Access   (Followers: 2)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 53)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 15)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 12)
American Journal of Legal History     Full-text available via subscription   (Followers: 4)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 7)
American University Law Review     Open Access   (Followers: 15)
American University National Security Law Brief     Open Access   (Followers: 8)
Amicus Curiae     Open Access   (Followers: 5)
Amsterdam Law Forum     Open Access   (Followers: 9)
Annales Canonici     Open Access  
Annual Survey of South African Law     Full-text available via subscription   (Followers: 5)
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appeal : Review of Current Law and Law Reform     Open Access  
Arbitration Law Monthly     Full-text available via subscription   (Followers: 2)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 12)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Arena Hukum     Open Access  
Argumenta Journal Law     Open Access   (Followers: 1)
Arizona Law Review     Open Access   (Followers: 3)
Arizona State Law Journal     Free   (Followers: 2)
Arkansas Law Review     Free   (Followers: 5)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 2)
Art + Law     Full-text available via subscription   (Followers: 11)
Article 40     Open Access   (Followers: 2)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 9)
Asian American Law Journal     Open Access   (Followers: 3)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 6)
Asian Pacific American Law Journal     Open Access   (Followers: 2)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access  
Australasian Law Management Journal     Full-text available via subscription   (Followers: 7)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 8)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 10)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 16)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 19)
Ave Maria Law Review     Free   (Followers: 2)
Badamai Law Journal     Open Access  
Ballot     Open Access  
Baltic Journal of Law & Politics     Open Access   (Followers: 7)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 5)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 23)
Beijing Law Review     Open Access   (Followers: 7)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 6)
Berkeley Technology Law Journal     Free   (Followers: 11)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
Bond Law Review     Open Access   (Followers: 17)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 7)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 9)
Boston College Law Review     Open Access   (Followers: 17)
Boston University Law Review     Free   (Followers: 10)
BRICS Law Journal     Open Access  
Brigham Young University Journal of Public Law     Open Access   (Followers: 7)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 7)
British Journal of American Legal Studies     Open Access  
Brooklyn Law Review     Open Access   (Followers: 2)
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 2)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access   (Followers: 1)
Cadernos do Programa de Pós-Graduação em Direito - PPGDir./UFRGS     Open Access   (Followers: 1)
Cadernos Ibero-Americanos de Direito Sanitário     Open Access  
Cahiers, Droit, Sciences et Technologies     Open Access  
California Law Review     Open Access   (Followers: 19)
California Lawyer     Free  
California Western Law Review     Open Access   (Followers: 2)
Cambridge Law Journal     Hybrid Journal   (Followers: 139)
Campbell Law Review     Open Access   (Followers: 4)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Case Western Reserve Law Review     Open Access   (Followers: 1)
Časopis pro právní vědu a praxi     Open Access  
Časopis zdravotnického práva a bioetiky     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 10)
Catholic University Law Review     Open Access   (Followers: 2)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 3)
Chicana/o-Latina/o Law Review     Open Access   (Followers: 2)
China : An International Journal     Full-text available via subscription   (Followers: 16)
China-EU Law Journal     Hybrid Journal   (Followers: 4)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 3)
Chinese Law & Government     Full-text available via subscription   (Followers: 6)
Cleveland State Law Review     Free   (Followers: 1)
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Free   (Followers: 10)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 14)
Columbia Law Review (Sidebar)     Open Access   (Followers: 14)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Comparative Law Review     Open Access   (Followers: 39)
Comparative Legal History     Full-text available via subscription   (Followers: 5)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 20)
Conflict Trends     Full-text available via subscription   (Followers: 8)
Cornell Law Review     Open Access   (Followers: 7)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 2)
Cuadernos de Historia del Derecho     Open Access   (Followers: 5)
Cuestiones Juridicas     Open Access   (Followers: 1)
Current Legal Problems     Hybrid Journal   (Followers: 25)
Danube : The Journal of European Association Comenius - EACO     Open Access   (Followers: 2)
De Jure     Open Access   (Followers: 1)
De Rebus     Full-text available via subscription  
Deakin Law Review     Full-text available via subscription   (Followers: 14)
Defense Counsel Journal     Full-text available via subscription   (Followers: 1)
Democrazia e diritto     Full-text available via subscription   (Followers: 1)
Denning Law Journal     Full-text available via subscription   (Followers: 8)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 2)
DePaul Law Review     Open Access   (Followers: 1)
Der Staat     Full-text available via subscription   (Followers: 13)
Derecho PUCP     Open Access   (Followers: 3)
Derecho y Ciencias Sociales     Open Access   (Followers: 1)
Die Verwaltung     Full-text available via subscription   (Followers: 10)
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Direito e Liberdade     Open Access  
Diritto penale contemporaneo     Free   (Followers: 2)
Diritto, immigrazione e cittadinanza     Open Access   (Followers: 3)
Dixi     Open Access  
Droit et Cultures     Open Access   (Followers: 6)
Droit et Médecine Bucco-Dentaire     Full-text available via subscription   (Followers: 1)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 2)
Drug Science, Policy and Law     Full-text available via subscription  
Duke Environmental Law & Policy Forum     Open Access   (Followers: 6)
Duke Forum for Law & Social Change     Open Access   (Followers: 7)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 15)
Duke Law & Technology Review     Open Access   (Followers: 9)
Duke Law Journal     Open Access   (Followers: 25)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 1)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Ecology Law Quarterly     Free   (Followers: 3)
Edinburgh Law Review     Hybrid Journal   (Followers: 20)
Education and the Law     Hybrid Journal   (Followers: 12)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 22)
Energy Law Journal     Full-text available via subscription   (Followers: 4)
Environmental Justice     Hybrid Journal   (Followers: 10)
Environmental Law Review     Full-text available via subscription   (Followers: 23)
Environmental Policy and Law     Hybrid Journal   (Followers: 16)
ERA-Forum     Hybrid Journal   (Followers: 5)
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 4)
Ethnopolitics     Hybrid Journal   (Followers: 4)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 4)
EU agrarian Law     Open Access   (Followers: 3)
Europaisches Journal fur Minderheitenfragen     Hybrid Journal   (Followers: 2)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 16)
European Journal for Education Law and Policy     Hybrid Journal   (Followers: 8)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 3)
European Journal of Law and Technology     Open Access   (Followers: 15)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 5)
European Law Journal     Hybrid Journal   (Followers: 125)
European Public Law     Full-text available via subscription   (Followers: 32)
European Review of Contract Law     Hybrid Journal   (Followers: 21)
European Review of Private Law     Full-text available via subscription   (Followers: 29)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 2)
Evaluation Review     Hybrid Journal   (Followers: 12)
Evidence & Policy : A Journal of Research, Debate and Practice     Full-text available via subscription   (Followers: 9)
Faulkner Law Review     Full-text available via subscription   (Followers: 1)
Federal Communication Law Journal     Full-text available via subscription   (Followers: 1)
Federal Law Review     Full-text available via subscription   (Followers: 20)
Federal Probation     Full-text available via subscription   (Followers: 2)
Feminist Legal Studies     Hybrid Journal   (Followers: 16)
feminists@law     Open Access   (Followers: 4)
Fiat Justisia     Open Access  
First Amendment Studies     Hybrid Journal  
Florida Bar News     Free  
Florida Law Review     Open Access   (Followers: 3)
Florida State University Law Review     Open Access   (Followers: 3)
Fordham Environmental Law Review     Open Access   (Followers: 5)
Fordham Intellectual Property, Media and Entertainment Law Journal     Open Access   (Followers: 19)
Fordham Law Review     Open Access   (Followers: 13)
FORO. Revista de Ciencias Jurídicas y Sociales, Nueva Época     Open Access   (Followers: 2)
Fundamina : A Journal of Legal History     Open Access   (Followers: 7)
Geoforum     Hybrid Journal   (Followers: 22)
George Washington Law Review     Free   (Followers: 7)
Georgia Law Review     Open Access   (Followers: 1)
Georgia State University Law Review     Open Access   (Followers: 2)
Global Journal of Comparative Law     Hybrid Journal   (Followers: 2)
Global Labour Journal     Open Access   (Followers: 7)
Golden Gate University Environmental Law Journal     Open Access   (Followers: 3)
Golden Gate University Law Review     Open Access   (Followers: 2)

        1 2 3 4 | Last

Journal Cover Golden Gate University Law Review
  [2 followers]  Follow
  This is an Open Access Journal Open Access journal
   ISSN (Print) 0363-0307
   Published by Golden Gate University School of Law Homepage  [3 journals]
  • C.R. Ex Rel. Rainville v. Eugene School District 4J: Slowly Expanding a
           School’s Ability to Reach Off-Campus Speech

    • Authors: Mary R. Loung
      Abstract: 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 rel. Rainville v. Eugene School District 4J addressed one incident where the First Amendment rights of a public school student were restricted even though the speech occurred off-campus and after school hours.
      PubDate: Tue, 31 Jan 2017 11:26:46 PST
  • State and Federal Powers Clash Over Medical Marijuana in United States v.

    • Authors: Cara E. Alsterberg
      Abstract: 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 United States Court of Appeals for the Ninth Circuit rejected this interpretation, holding that the rider prohibits the Department from spending funds from relevant appropriations acts for the prosecution of individuals who engaged in conduct permitted by state medical marijuana laws and who fully complied with such laws. Individuals who do not strictly comply with all state-law conditions regarding the use, distribution, possession, and cultivation of medical marijuana, on the other hand, have engaged in conduct that is unauthorized. Thus, prosecuting individuals such as these does not violate the rider. However, if the Department wishes to continue these prosecutions, the defendants are entitled to evidentiary hearings at which they may demonstrate that their actions were authorized by state law. The Ninth Circuit’s ruling represents the highest judicial holding that this omnibus legislation does indeed curb federal crackdowns on state-legal medical marijuana programs.
      PubDate: Tue, 31 Jan 2017 11:26:43 PST
  • Jones v. Davis and the Critical Issue of Time in California’s
           Capital Punishment System

    • Authors: Heather Varanini
      Abstract: 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.
      PubDate: Tue, 31 Jan 2017 11:26:40 PST
  • Peruta v. County of San Diego: An Individual Right to Self-Defense Outside
           the Home and the Application of Strict Scrutiny to Second Amendment

    • Authors: Kevin Ballard
      Abstract: 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 to the legal challenges of the Second Amendment.
      PubDate: Tue, 31 Jan 2017 11:26:37 PST
  • DC Comics v. Towle: To the Batmobile!: Which Fictional Characters Deserve
           Protection Under Copyright Law

    • Authors: Katherine Alphonso
      Abstract: 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 also suggests three additional factors the court should consider when evaluating such issues.Finally, Section IV concludes that although the Ninth Circuit reached the appropriate result with regards to the Batmobile, the presented factors would better guide future courts to consistent and fair decisions.
      PubDate: Tue, 31 Jan 2017 11:26:34 PST
  • Introduction

    • Authors: The Hon. Carlos T. Bea
      PubDate: Tue, 31 Jan 2017 11:26:31 PST
  • Judges of the United States Court of Appeals for the Ninth Circuit

    • PubDate: Tue, 31 Jan 2017 11:26:29 PST
  • How Reasonable Are Reasonable Efforts for the Children of Incarcerated

    • Authors: Courtney Serrato
      Abstract: This article will discuss the development of the laws concerning children with incarcerated parents. Ultimately, the goal is to encourage states like California to (1) expand the law regarding reasonable efforts even further, (2) encourage California prisons to take into consideration exceptions for children and incarcerated parents in implementing prison policies, and (3) provide other states with a model for proposing new laws that can be put into practice. The background of this article will explain the federal implementation of The Adoption and Safe Families Act (ASFA) and the necessary changes California made to state law after the enactment of ASFA, as well as the policy behind California Department of Corrections and Rehabilitation’s (CDCR) visitation regulations. First, the article will discuss visitation as a reasonable effort and how visitation is viewed through the CDCR. Next, the article will examine the inconsistencies between California dependency law offering visitation and other reasonable efforts and CDCR’s view on visitation for incarcerated individuals. Finally, the article will provide recommendations for California dependency law and the CDCR to work together to create exceptions for the unique relationship between parent and child. This includes how the CDCR and state dependency laws can coexist to create a relationship, including visitation between children and incarcerated parents if it is within the best interest of the child.
      PubDate: Tue, 13 Dec 2016 14:31:36 PST
  • Default License Revocation in California Administrative Law

    • Authors: Jacob Reinhardt
      Abstract: This article will examine default license revocation in California and the extremely difficult process for overturning such a determination. In Part I, the article will provide background information regarding the principles of notice and default. Part II will continue with a chronological examination of the administrative set aside process, noting recommendations for improvements that can be made at each stage. Part II will be divided into three sections: A) the timelines and service procedures used in license disciplinary actions; B) how administrative set aside requests are decided at the agency level; and C) judicial review of the agency’s decision. Finally, Part III will review the article’s findings and recommendations, concluding that California administrative law does not provide professional licensees with adequate recourse in the event of a default decision.
      PubDate: Tue, 13 Dec 2016 14:31:33 PST
  • Paved with Good Intentions: Title IX Campus Sexual Assault Proceedings and
           the Creation of Admissible Victim Statements

    • Authors: Sara F. Dudley
      Abstract: This Comment argues that campuses should, in the course of their Title IX proceedings, ensure that anyone who takes a potentially admissible statement from a survivor has received trauma-informed interview training. Trauma-informed interviewing acknowledges the physiological effect of trauma on survivors, the impact that it can have on their ability to recall facts and details, and the limits and possibilities of obtaining information from such witnesses. In addition, campuses should limit the number of individuals who take statements from survivors and record the victim’s statements. These improvements will create statements of higher evidentiary quality. It will also mitigate the emotional harm to survivors, helping to ensure their continued cooperation with prosecutors and law enforcement. To understand the process of investigating Title IX complaints and how the procedures that started on campus can impact a future criminal investigation, experts on both sides of the “ivory tower” were interviewed, including law enforcement officers, prosecutors, and an expert in Title IX jurisprudence.Part I describes the research methodology utilized, the process of finding and interviewing the research subjects selected, and the research subjects’ credentials. Part II reviewsTitle IX disciplinary proceedings and applicable laws. Part III explains a typical interview process, and how it does not account for the trauma inherent in sexual assault or the unique context in which a campus sexual assault occurs. This creates admissible statements of dubious value and quality, which can be used to impeach a victim in a future criminal case. Part IV outlines a new way forward, which allows survivors to participate in the campus disciplinary process while mitigating the harm to both to themselves and to a future criminal prosecution. Here, advances in trauma-informed interviewing, the need to mandate such training for all personnel who conduct a Title IX proceeding on campus, and the necessity of accurately documenting the survivor’s statement, are explored. In addition, recent federal actions that support trauma-informed interview practices as a necessary component of Title IX compliance are described.
      PubDate: Tue, 13 Dec 2016 14:31:30 PST
  • A New War on Drugs: Fighting State-Sponsored Overmedication of
           California’s Foster Youth

    • Authors: Jessie Conradi
      Abstract: California desperately needs to amend the law pertaining to the administration of psychotropic medication to foster youth. State policy affecting foster youth impacts many lives, as California is home to fifteen percent of foster youth in the United States. While California began offering such protections, a comprehensive amendment to California’s law should address consent, case review for troublesome cases, monitoring, and a standard of review that matches the current standard used when prescribing involuntary medication to adults. Anything less than this falls short of the state’s duty to act, under the state’s parens patriae power, as the foster youth’s parent.This Comment will discuss the current problem with overmedication of foster care youth, specifically in California. Part I outlines the immediate problems facing foster youth in the California dependency system who have been prescribed psychotropic medication and examines the federal and state laws that have attempted to address the issue. Part II explains what federal law requires and several states’ interpretations, specifically focusing on the definition of “oversight” and “monitoring.” Part III proposes an amendment to California’s law that addresses consent, case review, monitoring, and an adequate standard of review.
      PubDate: Tue, 13 Dec 2016 14:31:26 PST
  • United States v. Fidel Castro-Verdugo: Unlawfully Sentenced Defendant Is
           Procedurally Barred From Relief

    • Authors: E. Rose London
      Abstract: In United States v. Fidel Castro-Verdugo, the Ninth Circuit held that the court lacks the jurisdiction to correct an underlying unlawful sentence imposed by the district court in the context of a probation revocation appeal. Despite clear error on the part of the sentencing judge, Defendant-Appellant (Defendant) did not timely file a petition for a writ of habeas corpus; therefore, no remedy was available to him. The dissenting opinion asserted that the court did have jurisdiction to correct the error because Defendant appealed from a later sentence erroneously based on the underlying unlawful sentence. Noting that it is the role of appellate courts to correct errors made by lower courts, the dissent disagreed strongly with the majority’s decision to uphold a known error.
      PubDate: Mon, 07 Mar 2016 11:10:51 PST
  • United States v. Rodriguez: Fresno Laser Pointer, A “Knucklehead” But
           Not A “Bin Laden”

    • Authors: Rosalyn A. Jamili
      Abstract: In United States v. Rodriguez, the Ninth Circuit overturned a harsh conviction sentencing Sergio Patrick Rodriguez to five years in prison for aiming a laser pointer at a Fresno Police helicopter, in violation of 18 U.S.C. § 39A, and an additional fourteen years in prison for attempting to interfere with its operation, in violation of 18 U.S.C. §§ 32(a)(5) and (8). The panel reversed the conviction, finding that Rodriguez did not act with reckless disregard for the safety of human life by shining the laser pointer at the helicopter, and remanded his conviction for aiming the pointer itself for resentencing.
      PubDate: Mon, 07 Mar 2016 11:10:44 PST
  • Garcia v. Google, Inc.: The Ninth Circuit’s Refusal to Extend Copyright
           Protection to an Actor’s Performance, Reinforcing the Letter of
           Copyright Law

    • Authors: Anna Nicolopulos
      Abstract: Copyright protection is rooted in the Intellectual Property Clause of the United States Constitution, which sets boundaries for the subject matter that can be protected by federal copyright law. The Ninth Circuit’s 2014 decision in Garcia v. Google, Inc., marked the first time a court ruled that an individual actor with a minor role in a film has a copyright interest in her own performance.In Garcia v. Google, Inc., the Ninth Circuit originally held that the actor likely had a copyright interest in the film because she was “duped into providing an artistic performance that was used in a way she never could have foreseen.” The court reasoned that Garcia established she was likely to succeed on her copyright claim due to the serious threats against her life, and the balance of the equities and public interest that were in her favor. The Ninth Circuit applied the standard for a mandatory preliminary injunction and found that Garcia, as an actor, had a copyright interest in the film because she evinced a minimal degree of creativity in her performance.The court should have only ruled that the district court abused its discretion by failing to grant Garcia’s copyright interest, if the facts and law clearly favored issuing a preliminary injunction. The court assumed Garcia was an author and created its own law to provide her — as an actor — a copyright interest in a film. Nothing about Garcia’s performance or what she demonstrated provide that the facts and the law “clearly favor her claim of a copyrightable interest” in her acting performance. The court demanded YouTube remove the film, a request that was subjected to the incorrect degree of scrutiny. The court should have applied a higher degree of scrutiny and reversed the district court’s decision only if the decision was illogical or implausible. Garcia did not clearly satisfy the requirements to claim copyright infringement, thus the district court’s decision was not illogical or implausible, and the district court did not abuse its discretion.Part I of this Note presents a background of the factual history of the case and the relevant history of copyright law. Part II focuses on the procedural history of Garcia v. Google, Inc., focusing on the Ninth Circuit’s misapplication of copyright law and the en banc court’s restoration of copyright law’s intention. Part III presents possible remedies that Garcia may have had outside of an action asserted under copyright law. The Note concludes by emphasizing that the expansion of technology could have substantial implications for copyright interests, and that such expansion may force the United States to adopt more specific laws going forward.
      PubDate: Mon, 07 Mar 2016 11:10:37 PST
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