Subjects -> LAW (Total: 1397 journals)
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    - LAW (843 journals)
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LAW (843 journals)            First | 1 2 3 4 5     

Showing 201 - 354 of 354 Journals sorted alphabetically
Evaluation Review     Hybrid Journal   (Followers: 8)
Evidence & Policy : A Journal of Research, Debate and Practice     Hybrid Journal   (Followers: 12)
Federal Law Review     Full-text available via subscription   (Followers: 48)
Feminist Legal Studies     Hybrid Journal   (Followers: 21)
feminists@law     Open Access   (Followers: 4)
Fiat Justisia     Open Access  
First Amendment Studies     Hybrid Journal  
Florida Bar News     Free  
Fordham Environmental Law Review     Open Access   (Followers: 4)
Fordham Intellectual Property, Media and Entertainment Law Journal     Open Access   (Followers: 17)
Fordham Law Review     Open Access   (Followers: 14)
Forensic Science International : Mind and Law     Open Access   (Followers: 4)
FORO. Revista de Ciencias Jurídicas y Sociales, Nueva Época     Open Access   (Followers: 2)
Frónesis     Open Access  
Geoforum     Hybrid Journal   (Followers: 25)
George Washington Law Review     Free   (Followers: 6)
Georgia State University Law Review     Open Access   (Followers: 2)
German Law Journal     Open Access   (Followers: 1)
Global Energy Law and Sustainability     Hybrid Journal  
Global Journal of Comparative Law     Hybrid Journal   (Followers: 4)
Global Labour Journal     Open Access   (Followers: 15)
Golden Gate University Environmental Law Journal     Open Access   (Followers: 3)
Golden Gate University Law Review     Open Access   (Followers: 2)
Graduate Law Journal     Open Access  
Grey Room     Hybrid Journal   (Followers: 16)
Griffith Law Review     Hybrid Journal   (Followers: 13)
GRUR International     Full-text available via subscription  
GSTF Journal of Law and Social Sciences     Open Access   (Followers: 2)
Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam     Open Access  
Haramaya Law Review     Open Access   (Followers: 1)
Harvard Environmental Law Review     Free   (Followers: 12)
Harvard Human Rights Journal     Open Access   (Followers: 10)
Harvard Journal of Law & Public Policy     Free   (Followers: 34)
Harvard Journal of Law and Gender     Free   (Followers: 24)
Harvard Law Review     Free   (Followers: 93)
Hasanuddin Law Review     Open Access   (Followers: 2)
Hastings Law Journal     Free   (Followers: 8)
Health Matrix : The Journal of Law-Medicine     Open Access  
Helsinki Law Review     Open Access  
High Court Quarterly Review, The     Full-text available via subscription   (Followers: 3)
Hofstra Law Review     Open Access   (Followers: 2)
Horyzonty Polityki     Open Access  
Houston Law Review     Free   (Followers: 4)
Hukum Islam     Open Access  
IALS Student Law Review     Open Access   (Followers: 2)
IDÉIAS : Revista dos estudantes da Faculdade de Direito do Recife (UFPE)     Open Access  
IDP. Revista de Internet, Derecho y Politica     Open Access   (Followers: 2)
Ihering : Cuadernos de Ciencias Jurídicas y Sociales     Open Access   (Followers: 3)
Indian Law Review     Hybrid Journal  
Indiana Journal of Global Legal Studies     Full-text available via subscription  
Indiana Law Journal     Open Access   (Followers: 3)
Indigenous Law Bulletin     Full-text available via subscription   (Followers: 20)
Indigenous Peoples’ Journal of Law, Culture & Resistance     Open Access   (Followers: 2)
Indonesia Law Review     Open Access   (Followers: 2)
Indonesian Journal of Law and Society     Open Access   (Followers: 1)
Indonesian Journal of Legal and Forensic Sciences     Open Access   (Followers: 1)
Information & Communications Technology Law     Hybrid Journal   (Followers: 22)
InSURgência : revista de direitos e movimentos sociais     Open Access  
Inter: Revista de Direito Internacional e Direitos Humanos da UFRJ     Open Access  
Intergenerational Justice Review     Open Access  
International and Comparative Law Review     Open Access   (Followers: 4)
International Cybersecurity Law Review     Hybrid Journal   (Followers: 1)
International Data Privacy Law     Hybrid Journal   (Followers: 27)
International Free and Open Source Software Law Review     Open Access   (Followers: 6)
International Journal of Children's Rights     Hybrid Journal   (Followers: 22)
International Journal of Clinical Legal Education     Open Access  
International Journal of Culture and Modernity     Open Access  
International Journal of Disclosure and Governance     Hybrid Journal   (Followers: 6)
International Journal of Healthcare Policy     Hybrid Journal   (Followers: 1)
International Journal of Language & Law     Open Access   (Followers: 4)
International Journal of Law and Politics Studies     Open Access   (Followers: 1)
International Journal of Law Reconstruction     Open Access  
International Journal of Legal Information     Full-text available via subscription   (Followers: 48)
International Journal of Legal Medicine     Hybrid Journal   (Followers: 7)
International Journal of Liability and Scientific Enquiry     Hybrid Journal   (Followers: 2)
International Journal of Marine and Coastal Law     Hybrid Journal   (Followers: 18)
International Journal of Mental Health and Capacity Law     Open Access   (Followers: 1)
International Journal of Public Legal Education     Open Access  
International Journal of Punishment and Sentencing, The     Full-text available via subscription   (Followers: 8)
International Journal of Rural Law and Policy     Open Access   (Followers: 2)
International Journal of Speech Language and the Law     Hybrid Journal   (Followers: 11)
International Journal of Technology Policy and Law     Hybrid Journal   (Followers: 6)
International Journal of the Legal Profession     Hybrid Journal   (Followers: 9)
International Law Research     Open Access  
International Peacekeeping     Hybrid Journal   (Followers: 249)
International Sports Law Journal     Hybrid Journal   (Followers: 3)
International Theory: A Journal of International Politics, Law and Philosophy     Hybrid Journal   (Followers: 21)
IP Theory     Open Access   (Followers: 10)
Isonomía. Revista de Teoría y Filosofía del Derecho     Open Access  
Italian Review of Legal History     Open Access   (Followers: 3)
Iter Ad Veritatem     Open Access  
Iuris Dictio     Open Access  
Iuris Tantum Revista Boliviana de Derecho     Open Access  
Ius Canonicum     Full-text available via subscription  
Ius et Praxis     Open Access  
IUS ET SCIENTIA     Open Access  
IUSTA : Derecho, investigación, conflicto, prácticas jurídicas     Open Access  
James Cook University Law Review     Full-text available via subscription   (Followers: 4)
Jeffrey S. Moorad Sports Law Journal     Open Access   (Followers: 1)
JILS (Journal of Indonesian Legal Studies)     Open Access  
Jindal Global Law Review     Hybrid Journal  
John Marshall Law Review     Full-text available via subscription  
John Marshall Review of Intellectual Property Law     Free   (Followers: 8)
Journal for European Environmental & Planning Law     Hybrid Journal   (Followers: 5)
Journal of African Law     Full-text available via subscription   (Followers: 3)
Journal of Applied Law and Policy     Full-text available via subscription   (Followers: 3)
Journal of Banking Regulation     Hybrid Journal   (Followers: 27)
Journal of Business & Technology Law     Open Access   (Followers: 2)
Journal of Commonwealth Law and Legal Education     Hybrid Journal   (Followers: 5)
Journal of Conflict and Security Law     Hybrid Journal   (Followers: 18)
Journal of Digital Forensics, Security and Law     Open Access   (Followers: 1)
Journal of Dinamika Hukum     Open Access   (Followers: 1)
Journal of Empirical Legal Studies     Hybrid Journal   (Followers: 12)
Journal of Energy & Natural Resources Law     Hybrid Journal   (Followers: 5)
Journal of Environmental Law     Hybrid Journal   (Followers: 22)
Journal of Environmental Policy & Planning     Hybrid Journal   (Followers: 14)
Journal of European Consumer and Market Law     Hybrid Journal   (Followers: 6)
Journal of Gender, Social Policy & the Law     Open Access   (Followers: 22)
Journal of Human Security     Open Access   (Followers: 7)
Journal of Information Rights, Policy and Practice     Open Access  
Journal of Intelligent Transportation Systems: Technology, Planning, and Operations     Hybrid Journal   (Followers: 3)
Journal of International Peacekeeping     Hybrid Journal   (Followers: 213)
Journal of Intervention and Statebuilding     Hybrid Journal   (Followers: 9)
Journal of Islamic and Near Eastern Law     Open Access   (Followers: 3)
Journal of Law and Conflict Resolution     Open Access   (Followers: 4)
Journal of Law and Courts     Full-text available via subscription   (Followers: 7)
Journal of Law and Health     Open Access   (Followers: 7)
Journal of Law and Legal Reform     Open Access  
Journal of Law and Policy     Open Access   (Followers: 1)
Journal of Law and Regulation     Open Access  
Journal of Law and Religion     Full-text available via subscription   (Followers: 6)
Journal of Law and Social Policy     Open Access   (Followers: 3)
Journal of Law and Society     Hybrid Journal   (Followers: 43)
Journal of Law and the Biosciences     Open Access   (Followers: 3)
Journal of Law, Medicine & Ethics     Hybrid Journal   (Followers: 23)
Journal of Law, Policy and Globalization     Open Access   (Followers: 13)
Journal of Law, Religion and State     Hybrid Journal   (Followers: 4)
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction     Full-text available via subscription   (Followers: 4)
Journal of Legal Analysis     Open Access   (Followers: 6)
Journal of Legal Anthropology     Open Access   (Followers: 1)
Journal of Legal Education     Open Access   (Followers: 7)
Journal of Legal Pluralism and Unofficial Law     Hybrid Journal   (Followers: 3)
Journal of Legal Studies     Full-text available via subscription   (Followers: 46)
Journal of Legal Studies     Open Access   (Followers: 8)
Journal of Legal Studies Education     Hybrid Journal   (Followers: 6)
Journal of Media Law     Hybrid Journal   (Followers: 7)
Journal of National Security Law & Policy     Free   (Followers: 6)
Journal of Nursing Law     Hybrid Journal   (Followers: 4)
Journal of Penal Law & Criminology     Open Access   (Followers: 2)
Journal of Perpetrator Research     Open Access   (Followers: 1)
Journal of Planning Education and Research     Hybrid Journal   (Followers: 13)
Journal of Police Crisis Negotiations     Hybrid Journal   (Followers: 10)
Journal of Politics     Full-text available via subscription   (Followers: 53)
Journal of Politics and Law     Open Access   (Followers: 9)
Journal of Property Research     Hybrid Journal   (Followers: 3)
Journal of Property, Planning and Environmental Law     Hybrid Journal   (Followers: 5)
Journal of Psychiatry & Law     Full-text available via subscription   (Followers: 10)
Journal of Supreme Court History     Hybrid Journal   (Followers: 8)
Journal of the National Association of Administrative Law Judiciary     Open Access   (Followers: 1)
Journal of Trafficking and Human Exploitation     Hybrid Journal   (Followers: 4)
Journal of Victimology and Victim Justice     Hybrid Journal  
Journal of World Energy Law & Business     Hybrid Journal   (Followers: 1)
Judicial Officers Bulletin     Full-text available via subscription   (Followers: 2)
Judicial Review     Full-text available via subscription   (Followers: 11)
Juridica International     Open Access  
Jurídicas CUC     Open Access  
Jurisdictie Jurnal Hukum dan Syariah     Open Access   (Followers: 1)
Jurisprudence     Hybrid Journal   (Followers: 17)
Jurist-Diction     Open Access  
Jurnal Akta     Open Access  
Jurnal Bina Mulia Hukum     Open Access  
Jurnal Cakrawala Hukum     Open Access  
Jurnal Cita Hukum     Open Access  
Jurnal Daulat Hukum     Open Access  
Jurnal Hukum & Pembangunan     Open Access  
Jurnal Hukum dan Pembangunan Ekonomi     Open Access  
Jurnal Hukum dan Peradilan     Open Access  
Jurnal Hukum Magnum Opus     Open Access  
Jurnal hukum Prasada     Open Access  
Jurnal Hukum Respublica     Open Access  
Jurnal Idea Hukum     Open Access  
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan     Open Access  
Jurnal Jurisprudence     Open Access  
Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial     Open Access  
Jurnal Magister Hukum Udayana (Udayana Master Law Journal)     Open Access  
Jurnal Mimbar Hukum Fakultas Hukum Universitas Gadjah Mada     Open Access  
Jurnal Notariil     Open Access  
Jurnal Pembaharuan Hukum     Open Access  
Jurnal Repertorium     Open Access  
Jurnal Suara Keadilan     Open Access  
Jus Cogens : A Critical Journal of Philosophy of Law and Politics     Hybrid Journal  
Jussens Venner     Full-text available via subscription  
Justiça do Direito     Open Access  
Justice Research and Policy     Full-text available via subscription   (Followers: 1)
Justicia     Open Access  
Justicia Juris     Open Access  
Justitia et Pax     Open Access  
Kanun : Jurnal Ilmu Hukum     Open Access  
Kertha Patrika     Open Access  
Kertha Wicaksana     Open Access  

  First | 1 2 3 4 5     

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Golden Gate University Law Review
Number of Followers: 2  

  This is an Open Access Journal Open Access journal
ISSN (Print) 0363-0307
Published by Golden Gate University School of Law Homepage  [3 journals]
  • The Pleasure of the Contract: Legal Role Play from Leopold von
           Sacher-Masoch Through Noodles & Beef

    • Authors: Michael Angelo Tata
      Abstract: 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 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.
      PubDate: Tue, 15 Jun 2021 14:34:56 PDT
       
  • Total Makeover: Federal Cosmetics Regulation and Its Need for Legislative
           Overhaul to Ensure Consumer Protection

    • Authors: Justice Tecson
      Abstract: 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. This Comment discusses the problematic effects of the current regulatory framework on the health and safety of consumers, and explores the SCPCPA and its proposed amendments to the FDA’s regulatory authority over cosmetics.This Comment argues that the SCPCPA is a necessary legislative solution to the current lack of federal cosmetics regulation. Consequently, this Comment argues that the SCPCPA should be re-introduced and passed in order to protect the health and safety of consumers.Part I begins with a discussion of the FFDCA and the FDA’s limited authority to regulate cosmetics. Part II provides an overview of the proposed SCPCPA bill and its provisions. This section explores how the bill purported to amend the FFDCA by broadening the FDA’s regulatory power over the cosmetics industry. Part III details two instances wherein the lack of federal oversight over cosmetics threatened consumer safety: the WEN incident and a second one involving Johnson & Johnson talcum powder found to be contaminated with asbestos. Lastly, Part IV argues that Congress should enact the SCPCPA because it would provide the FDA with the necessary authority to effectively regulate cosmetics and protect consumers. This section begins by examining the provisions of the SCPCPA in the context of the WEN and Johnson’s incidents, and argues that these incidents could have been prevented or minimized if the FDA had the authority the SCPCPA aimed to provide. To illustrate the feasibility of the SCPCPA provisions, this section then looks to the success of similar provisions in California’s existing cosmetics legislature including the state’s recently enacted Toxic-Free Cosmetics Act. Lastly, this section addresses legislators’ concerns as to federal preemption and the SCPCPA’s effect on small businesses.
      PubDate: Tue, 15 Jun 2021 14:34:55 PDT
       
  • An Absolute Deprivation of Liberty: Why Indigents’ Wealth-based
           Discrimination Claims Brought Under the Equal Protection Clause Should Be
           Subject to Intermediate Scrutiny

    • Authors: Athena Hernandez
      Abstract: 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 which have analyzed wealth-based incarceration claims in the United States. To further establish how Federal Courts have treated wealth-based incarceration Equal Protection claims, Part II will discuss the Fifth Circuit’s relevant opinions. Part III outlines the court’s decision in Walker, discussing how the Eleventh Circuit panel arrived at its holding and consequently created a split among the federal circuit courts that is yet to be resolved.This Comment further argues that the Eleventh Circuit’s decision in Walker is erroneous. Part IV will outline why the Eleventh Circuit should have applied intermediate scrutiny to Walker’s wealth-based discrimination claim, and highlights the fallacious logic the court employed in reaching its holding. Additionally, this section will also argue that Walker sets a harmful precedent for indigent defendants. Wealth-based discrimination claims concerning an indigent’s pretrial liberty are categorically different from other wealth-based discrimination claims which don’t concern a liberty right. As such, these claims should be analyzed with a heightened level of scrutiny beyond mere rational basis review.
      PubDate: Tue, 15 Jun 2021 14:34:53 PDT
       
  • Privity vs. Proximity: The Supreme Court’s Erroneous Reading of the
           Illinois Brick Doctrine in Apple Inc. v. Pepper

    • Authors: Suzin A. Win
      Abstract: 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 do not. Over four decades later, in Apple Inc. v. Pepper, the Court reevaluated this doctrine. This time, the Court had to determine which party received the “direct purchaser” status in a situation where plaintiffs bought apps from third-party developers in Apple’s App store at prices set by the developers.iPhone users argued that Apple unlawfully monopolized the retail market for the sale of apps, setting higher-than-competitive prices and locking consumers into buying apps only from Apple. Apple asserted a statutory standing defense under Illinois Brick, arguing that the plaintiffs did not have standing because they were not direct purchasers from Apple. The Court found that iPhone users who purchased apps from the App Store were direct purchasers because they purchased apps directly from Apple and thus have standing under Illinois Brick to sue for damages due to alleged antitrust violations under Section 4 of the Clayton Act.This Comment proposes that the Apple majority should have read the Illinois Brick Doctrine through the traditional proximate cause analysis of the Clayton Act. In its primary context, antitrust law was considered a codification of the common law, and any conduct that restrained trade was considered on par with other harmful torts. Accordingly, under the tort concept of proximate cause, the correct plaintiff with standing to bring suit for damages is the one most proximately harmed by the antitrust conduct. iPhone users have a causal link between Apple and themselves due to purchasing apps directly from the App Store and are thus directly harmed by Apple’s alleged monopolistic conduct. Moreover, by declaring that iPhone users were direct purchasers under the Illinois Brick Doctrine because they contracted with Apple, the majority confirmed a pass-on theory that was rejected by both Illinois Brick and Hanover Shoe. The Illinois Brick opinion was concerned with tracing complex economic adjustments and stated that pass-on cases would allow for apportionment of the recovery throughout the distribution chain and increase the overall costs of recovery. Under a proximate cause analysis, this complexity would be eliminated, as the Court may compute damages through a comparison of markets, rather than estimating the amounts passed on at each stage of the distribution chain.
      PubDate: Tue, 15 Jun 2021 14:34:52 PDT
       
  • INTERVIEW: Black Lives Matter—A Discussion with Two Civil Rights
           Attorneys

    • Authors: Justin C. Trimachi
      Abstract: 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’ outrage at the acquittal of George Zimmerman, who they believed murdered Trayvon Martin in 2013, fueled BLM’s mission to empower Black communities to intervene in the violence inflicted on those communities by both the State and vigilantes and to eradicate white supremacy. Further, BLM goals include “combating and countering acts of violence, creating space for Black imagination and innovation, and centering Black joy to win immediate improvements.”The movement seeks to center on those who have been marginalized by previous Black liberation movements. BLM affirms Black queer and trans individuals’ lives and seeks to move Black communities beyond “narrow nationalism.” It also works to create a world where Black lives are not “systematically targeted for demise” and affirm humanity in all of those facing “deadly oppression.” I reached out to two Black civil rights attorneys to give me their perspective on BLM. Both are alumni of Golden Gate University School of Law. The first, Walter Riley, graduated in 1968 and was recommended by Professor Leslie Rose, and the second, Dewitt M. Lacy, spoke in my Criminal Procedure class about his work as a civil rights attorney.
      PubDate: Tue, 15 Jun 2021 14:34:50 PDT
       
  • Dyroff v. Ultimate Software Group, Inc.: A Reminder of the Broad Scope of
           § 230 Immunity

    • Authors: Alex S. Rifkind
      Abstract: 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, 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.
      PubDate: Thu, 04 Mar 2021 13:39:58 PST
       
  • Dent v. NFL LMRA 301 Preemption – The Ninth Circuit Court of Appeals
           Throws a Penalty Flag on the NFL

    • Authors: Justin C. Trimachi
      Abstract: 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 as its rulings on when LMRA 301 should preempt state-law tort claims. Part III will discuss the decisions by the Eighth Circuit in Williams and by the Eleventh Circuit in Atwater. Part IV of this Note will discuss why the Ninth Circuit’s test should be adopted throughout the federal court system to analyze whether LMRA 301 preempts state-law claims.
      PubDate: Thu, 04 Mar 2021 13:39:54 PST
       
  • Wells Fargo v. City of Oakland: A Matter of Proximate Cause

    • Authors: Shawna Doughman
      Abstract: 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 Edward Brooke, the first Black senator to be elected by popular vote, and Democratic senator Edward Kennedy finally brought this legislation to fruition as Title VIII of the Civil Rights Act of 1968. Senator Mondale remarked, “in truly integrated neighborhoods, people have been able to live in peace and harmony— and both [Blacks] and whites are richer for the experience.” Although the FHA has been “rightfully lauded as one of the greatest achievements of the civil rights movement,” discriminatory lending practices have continued. These lending practices, called redlining and reverse redlining (also known as predatory lending), have not ceased to devastate individuals, families, neighborhoods and cities. In 2018, the City of Oakland, California (“Oakland”), sued Wells Fargo to address part of what the FHA set out to do: end discrimination in lending. The court quoted senator Mondale, the chief sponsor of the FHA, who cited cities’ declining tax bases as a specific injury traced to discrimination in housing. Wells Fargo appealed to the Ninth Circuit, and pursuant to the Supreme Court’s decision in Bank of America Corporation v. City of Miami (“Miami I”), the court held that Oakland must be given a chance to prove that its harm was within the zone of interest affected by Wells Fargo’s actions.
      PubDate: Thu, 04 Mar 2021 13:39:50 PST
       
  • Rittmann v. Amazon.com, Inc.: Ninth Circuit Rules Amazon’s Drivers Fall
           Within the Federal Arbitration Act’s “Transportation Worker
           Exemption”

    • Authors: Isabella Borges
      Abstract: 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 arbitration under the Federal Arbitration Act (“FAA”) because they are engaged in interstate commerce. Section 1 of the FAA exempts from arbitration “contracts of employment of seaman, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” Further, section 2 of the FAA governs whether the Act applies in the first place and broadly relates to “contract[s] evidencing a transaction involving commerce.” In a recent Ninth Circuit decision, the court established that delivery drivers are exempt from mandatory arbitration, allowing drivers to keep their lawsuits in court. In addition, the Ninth Circuit holding makes dismantling class or collective actions more problematic for transportation, logistics and gig-economy companies.
      PubDate: Thu, 04 Mar 2021 13:39:46 PST
       
  • Judges of the United States Court of Appeals for the Ninth Circuit

    • Abstract: Listing with short biography of current judges of the Night Circuit Court of Appeals.
      PubDate: Thu, 04 Mar 2021 13:39:42 PST
       
  • That Was Then, This Is Now: The Revival of the Proposed Equal Rights
           Amendment and the Co-optation of the #MeToo Movement

    • Authors: Kyndal Currie
      Abstract: This 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.
      PubDate: Mon, 04 Jan 2021 12:04:45 PST
       
  • The Dynamex Dichotomy and the Path Forward

    • Authors: Leticia Chavez
      Abstract: The gig economy is a collection of markets that connects consumers with on-demand service providers (“gig workers”), and it has revolutionized the way in which consumers seek and receive services, such as transportation and household tasks. The ease of calling an Uber or Lyft, as opposed to hailing a cab, led to a decrease in arrests for driving under the influence in major cities. Similarly, it transformed the way in which many workers seek and perform work, as many gig workers enjoy flexibility and control over their work schedule. Gig workers can work for multiple platforms and also have authority over how much they work. Some have hailed that Uber and, more broadly, gig-economy work, represents the future of work, but this is a troubling proposition. Gig-economy work is largely founded on a model that relies on classifying most of its workforce as independent contractors who, as opposed to employees, do not receive benefits such as overtime or sick pay and are not covered by minimum-wage laws or workers’ compensation benefits.The increasing prevalence of employers classifying their workers as independent contractors spurred a debate about when it is appropriate to employ independent contractors, as opposed to employees. In April 2018, the California Supreme Court issued a landmark decision in Dynamex Operations West v. Superior Court. Dynamex provided a new test for determining whether a worker should be classified an employee or an independent contractor. The new test provides increased protections against the misclassification of workers as independent contractors by creating a presumption of employee status. In September 2019, the California Legislature codified the Dynamex test and clarified its application by approving Assembly Bill 5 (“AB 5”).This Comment posits that the Dynamex decision created a dysfunctional dichotomy by bringing many misclassified workers into the purview of the Industrial Welfare Commission’s (“IWC”) Wage Orders, while excluding the same workers from other protections and benefits that employees are entitled to under the Labor Code. By codifying the “ABC” Test into the Labor Code, AB 5 corrected some of the inconsistency that Dynamex created. Nevertheless, while Dynamex and AB 5 provide a critical framework for combating misclassification and the resulting worker exploitation, this Comment argues that they fall short of bringing misclassified independent contractors into the purview of the most important employee right: collective bargaining.Accordingly, this Comment proposes a framework that would afford misclassified independent contractors the right to collectively bargain with the party employing them. This Comment explores the potential for a statewide labor relations scheme specifically for independent contractors, as well as the guild model as pathways for collective bargaining. Part I defines the problem of independent contractor misclassification and provides an overview of the Dynamex decision, relevant background, and subsequent decisions interpreting Dynamex. Part II highlights the shortcomings of Dynamex in adequately addressing the independent contractor problem. Part III discusses Assembly Bill 5 as a promising solution to combating misclassification. Finally, Part IV provides recommendations for a path to collective bargaining for workers misclassified as independent contractors.
      PubDate: Mon, 04 Jan 2021 12:04:41 PST
       
  • Making It Usable Again: Reviving the Nation’s Domestic Recycling
           Industry

    • Authors: Megan Manning et al.
      Abstract: This Article describes the major shortcomings of existing US federal, state, and local laws related to the recycling of solid waste; explains why these deficiencies are more costly to the US today than ever before; and identifies a set of specific policy strategies capable of supporting the development of a modernized, efficient, and profitable domestic recycling system. The Article ultimately recommends a multi-faceted approach to improving the nation’s domestic recycling programs that could ultimately usher in a new era of sustainable and cost-justifiable US recycling.Section I of this Article describes the history and development of US recycling programs, outlining how the nation became highly dependent on China to process much of its recyclable solid waste and how new Chinese solid waste importation restrictions have created solid waste disposal crises across the US. Section II highlights how major gaps and deficiencies in existing US recycling policies have hindered the development of adequate domestic recycling infrastructures and systems. Section III examines various policies and actions that private companies, municipalities, states, and the federal government are now considering or employing in efforts to address the nation’s recycling crisis. Section IV then proposes several specific strategies capable of finally promoting the development of a cost-effective and sustainable domestic recycling system.
      PubDate: Mon, 04 Jan 2021 12:04:37 PST
       
  • Discussion Transcript: The Road to Kavanaugh

    • Authors: Paul Stanton Kibel et al.
      Abstract: DISCUSSION TRANSCRIPT: THE ROAD TO KAVANAUGH, MARCH 15, 2019, GOLDEN GATE UNIVERSITY SCHOOL OF LAW.
      PubDate: Mon, 04 Jan 2021 12:04:33 PST
       
  • Patel v. Facebook, Inc.: The Collection, Storage, and Use of Biometric
           Data as a Concrete Injury under BIPA

    • Authors: Jessica Robles
      Abstract: 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 individual. Once a facial image has been captured and stored in a facial-template database, “the individual has no recourse” because one cannot change facial geometry as quickly as a password or a social security number.Although companies may use facial-recognition technology for valid purposes, uses of facial-recognition technology to target specific groups raise “questions around abuse, consent, weaponization, and discriminatory uses of this technology.” From a privacy standpoint, the potential use of facial-recognition technology to search against millions of photographs without the consent of “law-abiding citizens is a major privacy violation.” These concerns have fueled an increase in data privacy legislation as well as litigation, such as Patel v. Facebook, Inc.
      PubDate: Mon, 29 Jun 2020 15:47:15 PDT
       
 
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